Legal Opinion
Schmidt v. Meehan
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 2012PublishedCited by 3 opinions
1Opinion of the CourtMcCarthy, J.
Plaintiff Hilda Schmidt (hereinafter plaintiff) was a passenger in a parked vehicle being operated by her husband, plaintiff Peter Schmidt, when defendant’s car collided with plaintiffs’ stationary vehicle. Plaintiff and her husband, derivatively, commenced this action alleging that plaintiff sustained a serious physical injury (see Insurance Law § 5102 [d]). Peter Schmidt moved for summary judgment dismissing defendant’s counterclaim against him. Defendant cross-moved for summary judgment dismissing the complaint on the grounds that plaintiff did not sustain a serious injury and the…
2Cases cited9 opinions
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- Chiara v. DernagoAppellate Division of the Supreme Court of the State of New York · 2010
- Mahar v. BartnickAppellate Division of the Supreme Court of the State of New York · 2012
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