Legal Opinion

Marsh v. Wolfson

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

Decided September 14, 1992PublishedCited by 10 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Dunkin, J.), dated August 1, 1990, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants moved for summary judgment contending that the plaintiff did not sustain a "serious injury” within the purview of Insurance Law § 5102 (see, Licari v Elliott, 57 NY2d 230). In support of their motion, the defendants relied on an unsworn report prepared by their examining physician expressing an…

2Cases cited6 opinions

  1. Licari v. ElliottNew York Court of Appeals · 1982
  2. Pagano v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1992
  3. Bates v. PeeplesAppellate Division of the Supreme Court of the State of New York · 1991
  4. Morselling v. FrankelAppellate Division of the Supreme Court of the State of New York · 1990
  5. Spezia v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Ebewo v. MartinezDistrict Court, S.D. New York · 2004
  2. Jacondino v. LovisAppellate Division of the Supreme Court of the State of New York · 1992
  3. Damas v. ValdesAppellate Division of the Supreme Court of the State of New York · 2011
  4. Hochlerin v. TolinsAppellate Division of the Supreme Court of the State of New York · 1992
  5. Mueller v. SEATAINER TRANSPORT, LTD.District Court, W.D. New York · 2011

5 more not listed; retrieve them via the Exa API.

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