Legal Opinion
Fernandez v. Vukosa
Civil Court of the City of New York
Decided December 23, 1980PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Stanley H. Nason, J.
On December 11, 1977, plaintiff Mildred Fernandez was operating a vehicle in which plaintiff, Juan Tavares, was a passenger, when the vehicle was involved in a collision with the defendant’s motor vehicle. It is conceded that plaintiffs were not wearing seat belts at the time of the accident.
The court is required to consider the following questions:(1) Did plaintiffs meet the “serious injury” test as defined in subdivision 4 of section 671 of the Insurance Law?(2) May the defendant present evidence at trial regarding plaintiffs’ failure to wear their…
2Cases cited5 opinions
- Codling v. PagliaNew York Court of Appeals · 1973
- Spier v. BarkerNew York Court of Appeals · 1974
- Harris v. St. Johnsbury Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1975
- Brodvin v. Hertz Corp.District Court, S.D. New York · 1980
3Cited by5 opinions
- Ake v. General Motors Corp.District Court, W.D. New York · 1996
- Siren v. BehanNew Jersey Superior Court Appellate Division · 1988
- Karczmit v. StateNew York Court of Claims · 1992
- Filippini v. BeckworthDistrict Court, E.D. New York · 1991
- Costanza v. City of New YorkCivil Court of the City of New York · 1990