Legal Opinion

BRIODY, BARBARA v. MELECIO, CHRISTEN L.

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

Decided January 31, 2012No. CA 11-01760PublishedCited by 8 opinions

1Opinion of the Court

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when the vehicle she was driving was rear-ended by a vehicle driven by defendant. We conclude that Supreme Court erred in denying in part defendant’s motion seeking summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Defendant met her initial burden of establishing that plaintiff did not sustain a serious injury under the permanent consequential limitation of use and significant limitation of use categories,…

2Cases cited8 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Pommells v. PerezNew York Court of Appeals · 2005
  3. Valentin v.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Hartman-Jweid v. OverbaughAppellate Division of the Supreme Court of the State of New York · 2010
  5. Wiegand v. SchunckAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by8 opinions

  1. Mendola v. DoubravaAppellate Division of the Supreme Court of the State of New York · 2012
  2. Applebee v. BeckAppellate Division of the Supreme Court of the State of New York · 2014
  3. HAWKINS, HARRY J. v. BRYANT, SHANNON E.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Deering v. ProsserAppellate Division of the Supreme Court of the State of New York · 2020
  5. APPLEBEE, DENISE v. BECK, MARYAppellate Division of the Supreme Court of the State of New York · 2014

3 more not listed; retrieve them via the Exa API.

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