Legal Opinion
Star v. Badillo
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 1996PublishedCited by 4 opinions
1Opinion of the Court
*611The plaintiffs contention that the court lacked jurisdiction to search the record as to the issue of serious injury on her motion for partial summary judgment on liability and to direct an inquest as to damages is without merit. While the defendants’ cross motion for summary judgment was defective because they failed to serve a notice of cross motion, whether the plaintiff suffered a serious injury as defined by Insurance Law § 5102 (d) was clearly raised as an issue in the defendants’ motion papers in opposition to the plaintiffs motion. Further, the plaintiff could not establish a right of…
2Cases cited6 opinions
- Waldman v. Dong Kook ChangAppellate Division of the Supreme Court of the State of New York · 1991
- Rhind v. NaylorAppellate Division of the Supreme Court of the State of New York · 1992
- Thrall v. City of SyracuseNew York Court of Appeals · 1983
- Thrall v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1983
- Hurst v. HilgenfeldtAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by4 opinions
- Abbas v. ColeAppellate Division of the Supreme Court of the State of New York · 2007
- Palmer v. ToledoAppellate Division of the Supreme Court of the State of New York · 1999
- Van Nostrand v. FroehlichAppellate Division of the Supreme Court of the State of New York · 2007
- Zafir v. Turbo Trans Corp.New York Supreme Court · 2001