Judd v. Walton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting the motion of defendants Sharon E. Budd and Howard E. Budd and that part of the cross motion of defendants Helen A. Walton and Walter W. Walton seeking summary judgment dismissing the complaint on the ground that Christopher Judd (plaintiff) did not sustain a serious injury as defined in Insurance Law § 5102 (d). Defendants failed to meet their initial burden of establishing their entitlement to judgment as a matter of law (see, CPLR 3212…
2Cases cited10 opinions
- Licari v. ElliottNew York Court of Appeals · 1982
- Cushing v. SeemannAppellate Division of the Supreme Court of the State of New York · 1998
- Sole v. KurnikAppellate Division of the Supreme Court of the State of New York · 1986
- Cammarere v. VillanovaAppellate Division of the Supreme Court of the State of New York · 1990
- Matula v. ClementAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by4 opinions
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- Perez v. HilarionAppellate Division of the Supreme Court of the State of New York · 2007