Legal Opinion

Miller v. Bratsilova

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

Decided June 11, 2014PublishedCited by 29 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated May 6, 2013, as granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

The defendants…

2Cases cited4 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  3. Gaddy v. EylerNew York Court of Appeals · 1992
  4. Che Hong Kim v. KossoffAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by29 opinions

  1. Mercado v. MendozaAppellate Division of the Supreme Court of the State of New York · 2015
  2. Miller v. EbrahimAppellate Division of the Supreme Court of the State of New York · 2015
  3. Cabrera v. ShivecharanAppellate Division of the Supreme Court of the State of New York · 2016
  4. Reddick v. HickeyAppellate Division of the Supreme Court of the State of New York · 2021
  5. Rivera v. LoseeAppellate Division of the Supreme Court of the State of New York · 2016

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