Legal Opinion

Fountain v. Sullivan

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

Decided May 20, 1999PublishedCited by 17 opinions

1Opinion of the Court

—Mikoll, J. P.

Appeal from an order of the Supreme Court (Caruso, J.), entered August 10, 1998 in Schenectady County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff, who was injured in January 1996 when her vehicle was struck by a vehicle driven by defendant, contends that Supreme Court erred in concluding that, as a matter of law, plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). In support of her motion for sum*796mary judgment, defendant submitted the report of an orthopedic surgeon who examined…

2Cases cited4 opinions

  1. Tankersley v. SzesnatAppellate Division of the Supreme Court of the State of New York · 1997
  2. Uhl v. SofiaAppellate Division of the Supreme Court of the State of New York · 1997
  3. Decker v. StangAppellate Division of the Supreme Court of the State of New York · 1997
  4. Lashway v. GroshansAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by17 opinions

  1. Trotter v. HartAppellate Division of the Supreme Court of the State of New York · 2001
  2. Anderson v. PersellAppellate Division of the Supreme Court of the State of New York · 2000
  3. Hines v. Capital District Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
  4. Barbarulo v. AlleryAppellate Division of the Supreme Court of the State of New York · 2000
  5. Temple v. DohertyAppellate Division of the Supreme Court of the State of New York · 2003

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