Legal Opinion

Mariaca-Olmos v. Mizrhy

Appellate Division of the Supreme Court of the State of New York

Decided April 8, 1996PublishedCited by 147 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated February 28, 1995, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff has not suffered a serious injury within the meaning of Insurance Law § 5102 (d).

*438Ordered that the order is reversed, on the law, with costs, the defendants’ motion for summary judgment is denied, and the complaint is reinstated.

The Supreme Court improperly granted the defendants’ motion for summary judgment. A…

2Cases cited2 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Holtz v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by147 opinions

  1. Coscia v. 938 Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  2. Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
  3. Kearse v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  4. Chaplin v. TaylorAppellate Division of the Supreme Court of the State of New York · 2000
  5. New York & Presbyterian Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2006

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