Legal Opinion

Peplow v. Murat

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

Decided April 14, 2003PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated July 5, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

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

The defendant failed to make a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance…

2Cases cited5 opinions

  1. Frier v. TeagueAppellate Division of the Supreme Court of the State of New York · 2001
  2. Polizzi v. Won Jun ChoiAppellate Division of the Supreme Court of the State of New York · 1999
  3. DeSimone v. MejiaAppellate Division of the Supreme Court of the State of New York · 2001
  4. Kaplan v. GakAppellate Division of the Supreme Court of the State of New York · 1999
  5. Rodriguez v. ChinatombyAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by5 opinions

  1. Nembhard v. DelatorreAppellate Division of the Supreme Court of the State of New York · 2005
  2. Berkowitz v. Decker Transport Co.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Gomez v. Ford Motor Credit Co.New York Supreme Court · 2005
  4. Forlong v. FaultonAppellate Division of the Supreme Court of the State of New York · 2006
  5. Welch v. AyalaDistrict Court, S.D. New York · 2023

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