Legal Opinion
Jones v. Schmitt
Appellate Terms of the Supreme Court of New York
Decided February 2, 2005Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order reversed without costs and defendants’ motion for summary judgment granted dismissing the complaint.
Plaintiff Maria Jones was injured in an automobile accident on January 23, 1998. Defendants moved for summary judgment dismissing the complaint on the ground that the injured plaintiff failed to satisfy the threshold requirement of suffering a serious injury under Insurance Law § 5102 (d).
The motion court cited Ruiz v Security Sales Corp. (2001 NY Slip Op 40382[U] [App Term, 2d & 11th Jud Dists 2001]) for its conclusion that Dr. Rosenblum’s affirmation did…
2Cases cited5 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- People v. SullivanNew York Court of Appeals · 1982
- Nemchyonok v. Peng Liu YingAppellate Division of the Supreme Court of the State of New York · 2003
- John H. Dair Building Construction Co. v. MayerAppellate Division of the Supreme Court of the State of New York · 1969