Legal Opinion
Tompkins v. Burtnick
Appellate Division of the Supreme Court of the State of New York
Decided February 6, 1997PublishedCited by 14 opinions
1Opinion of the CourtPeters, J.
Appeal from an order of the Supreme Court (Ingraham, J.), entered August 13, 1996 in Chenango County, which denied defendant’s motion for summary judgment dismissing the complaint.
This personal injury action was commenced in 1994 and arises out of a 1993 automobile collision between plaintiff and defendant. In April 1996, defendant moved for summary judgment on the ground that plaintiff failed to establish a serious injury within the meaning of Insurance Law § 5102 (d). Supreme Court denied the motion and this appeal followed.
We affirm. Even accepting that defendant met his initial burden of…
2Cases cited5 opinions
- Beckett v. ConteAppellate Division of the Supreme Court of the State of New York · 1991
- Parker v. Defontaine-StrattonAppellate Division of the Supreme Court of the State of New York · 1996
- Rosabella v. FanelliAppellate Division of the Supreme Court of the State of New York · 1996
- Podwirny v. De CaprioAppellate Division of the Supreme Court of the State of New York · 1993
- DeFreese v. GrauAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by14 opinions
- O'Sullivan v. Atrium Bus Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Barbagallo v. QuackenbushAppellate Division of the Supreme Court of the State of New York · 2000
- Vignola v. VarrichioAppellate Division of the Supreme Court of the State of New York · 1997
- Weaver v. DerrAppellate Division of the Supreme Court of the State of New York · 1997
- Alcombrack v. SwartsAppellate Division of the Supreme Court of the State of New York · 2008
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