BRIODY, BARBARA v. MELECIO, CHRISTEN L.
Appellate Division of the Supreme Court of the State of New York
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
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Pommells v. PerezNew York Court of Appeals · 2005
- Valentin v.Appellate Division of the Supreme Court of the State of New York · 2009
- Hartman-Jweid v. OverbaughAppellate Division of the Supreme Court of the State of New York · 2010
- Wiegand v. SchunckAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by8 opinions
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- APPLEBEE, DENISE v. BECK, MARYAppellate Division of the Supreme Court of the State of New York · 2014
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