Songer v. Henry W. Muthig, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries sustained as a result of a motor vehicle accident, the plaintiffs appeal from an order of the Supreme Court, Orange County (Ritter, J.), dated March 21, 1986, which granted the defendants’ motion for summary judgment dismissing the complaint upon a finding that the injured plaintiff had not sustained a "serious injury” within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
It is incumbent upon the courts to decide in the first instance whether a plaintiff has established a prima facie…
2Cases cited7 opinions
- Licari v. ElliottNew York Court of Appeals · 1982
- Filippo v. WhiteAppellate Division of the Supreme Court of the State of New York · 1984
- Popp v. KremerAppellate Division of the Supreme Court of the State of New York · 1986
- Padron v. HoodAppellate Division of the Supreme Court of the State of New York · 1986
- D'Iorio v. BrancoccioAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by9 opinions
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- Gray v. StegerAppellate Division of the Supreme Court of the State of New York · 1989
- Grier v. KuhnAppellate Division of the Supreme Court of the State of New York · 1992
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