Legal Opinion

Hawkins v. Foshee

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

Decided December 31, 1997PublishedCited by 7 opinions

1Opinion of the Court

—Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court erred in granting defendant’s motion 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). In support of her motion, defendant relied upon the report of a chiropractor who examined plaintiff five years after the accident. That report states that plaintiff suffered a cervical and thoracic strain and sprain causally related to the accident that aggravated symptoms of preexisting cervical and thoracic…

2Cases cited3 opinions

  1. Thomas v. HulslanderAppellate Division of the Supreme Court of the State of New York · 1996
  2. Weaver v. HowardAppellate Division of the Supreme Court of the State of New York · 1994
  3. Larrabee v. StateAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by7 opinions

  1. CLARK, NANCY E. v. AQUINO, TIFFANYAppellate Division of the Supreme Court of the State of New York · 2014
  2. Sanchez v. TRAVELERS COMPANIES, INC.District Court, W.D. New York · 2009
  3. COURTNEY, MOLLY R. v. HEBELER, HEATHER G.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Byrnes v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Dixon v. LaMorticellaAppellate Division of the Supreme Court of the State of New York · 2001

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