Legal Opinion
Miller v. Miller
New York Court of Appeals
Decided October 16, 1986PublishedCited by 63 opinions
1Opinion of the Court
*873OPINION OF THE COURT
Memorandum.
The order of the Appellate Division appealed from and the prior nonfinal order of the Appellate Division brought up for review should be reversed and the case remitted to that court for its review of the facts presented on the original appeal to the Appellate Division (CPLR 5613).
By failing to move for a directed verdict on the question whether plaintiff had sustained a "serious injury” under the No-Fault Insurance Law (Insurance Law §5102 [d]), plaintiff conceded the question to be one for the jury (Gutin v Mascali & Sons, 11 NY2d 97, 98; People v Davis, 231 NY…
2Cases cited5 opinions
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Hecla Powder Co. v. . Sigua Iron Co.New York Court of Appeals · 1899
- Gutin v. Mascali & Sons, Inc.New York Court of Appeals · 1962
- Thompson v. City of New YorkNew York Court of Appeals · 1983
- People v. . DavisNew York Court of Appeals · 1921
3Cited by63 opinions
- Garrett v. ManaserAppellate Division of the Supreme Court of the State of New York · 2004
- Salony v. MastelloneAppellate Division of the Supreme Court of the State of New York · 2010
- Hurley v. CavitoloAppellate Division of the Supreme Court of the State of New York · 1997
- Monette v. KellerAppellate Division of the Supreme Court of the State of New York · 2001
- Volino v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2011
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