Legal Opinion

DELK, AYESHA v. JOHNSON, KENNETH J.

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

Decided February 10, 2012No. CA 11-01637PublishedCited by 3 opinions

1Opinion of the Court

Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained when a vehicle owned and operated by defendant rear-ended the vehicle she was driving. Defendant moved for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and plaintiff cross-moved for, inter alia, partial summary judgment on liability. Supreme Court granted defendant’s motion and dismissed the complaint. We now affirm.

According to her bill of particulars, plaintiff sustained a serious injury…

2Cases cited6 opinions

  1. Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
  2. Perl v. MeherNew York Court of Appeals · 2011
  3. Robinson v. PolaskyAppellate Division of the Supreme Court of the State of New York · 2006
  4. Lauffer v. MaceyAppellate Division of the Supreme Court of the State of New York · 2010
  5. Hoffmann v. StechenfingerAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by3 opinions

  1. Thornton v. Husted Dairy, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. CLARKE, JAMES B. v. DANGELO, CAROLAppellate Division of the Supreme Court of the State of New York · 2013
  3. THORNTON, DIANE v. HUSTED DAIRY, INC.Appellate Division of the Supreme Court of the State of New York · 2015

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