Legal Opinion

McLiverty v. Urban

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

Decided June 1, 1987PublishedCited by 12 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Weiner, J.), dated May 30, 1986, which denied his motion for summary judgment and granted the defendants’ cross motion for summary judgment.

Ordered that the order is affirmed, with costs.

The defendants were granted summary judgment on the ground that the plaintiff had failed to show that he had sustained a "serious injury” pursuant to Insurance Law § 5102 (d). The court has the duty in the first instance to decide whether a plaintiff has established a prima facie…

2Cases cited4 opinions

  1. Licari v. ElliottNew York Court of Appeals · 1982
  2. Dwyer v. TraceyAppellate Division of the Supreme Court of the State of New York · 1984
  3. Kordana v. PomellitoAppellate Division of the Supreme Court of the State of New York · 1986
  4. D'Iorio v. BrancoccioAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by12 opinions

  1. Melino v. LausterAppellate Division of the Supreme Court of the State of New York · 1993
  2. Konco v. E.T.C. Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Delfino v. DaveyAppellate Division of the Supreme Court of the State of New York · 1990
  4. Curry v. VelezAppellate Division of the Supreme Court of the State of New York · 1997
  5. Duryea v. ZungAppellate Division of the Supreme Court of the State of New York · 1992

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