Legal Opinion

Ventura v. Moritz

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

Decided November 23, 1998PublishedCited by 10 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Floyd, J.), dated December 9, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff met his burden, in opposition to the defendant’s motion, by submitting sufficient evidence creating a triable issue of fact with regard to his claim that he sustained a serious injury within the meaning of Insurance Law § 5102 (d)…

2Cases cited5 opinions

  1. Gaddy v. EylerNew York Court of Appeals · 1992
  2. Bates v. PeeplesAppellate Division of the Supreme Court of the State of New York · 1991
  3. Torres v. MichelettiAppellate Division of the Supreme Court of the State of New York · 1994
  4. Cesar v. FelixAppellate Division of the Supreme Court of the State of New York · 1992
  5. Washington v. Mercy Home for ChildrenAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by10 opinions

  1. Grossman v. WrightAppellate Division of the Supreme Court of the State of New York · 2000
  2. Raso v. Statewide Auto Auction Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Rosado v. MartinezAppellate Division of the Supreme Court of the State of New York · 2001
  4. Watt v. Eastern Investigative BureauAppellate Division of the Supreme Court of the State of New York · 2000
  5. Wilner v. GauthierAppellate Division of the Supreme Court of the State of New York · 1999

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