Legal Opinion

Encarnacion v. Smith

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

Decided February 2, 2010PublishedCited by 21 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants GC Alarm, Inc., and Jonathan E. Reilly appeal from an order of the Supreme Court, Kings County (Bayne, J.), dated February 13, 2008, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

While we affirm the order appealed from, we do so on a *629ground other than that relied upon by the Supreme Court. The appellants…

2Cases cited12 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Gaddy v. EylerNew York Court of Appeals · 1992
  3. Sayers v. HotAppellate Division of the Supreme Court of the State of New York · 2005
  4. Alvarez v. DematasAppellate Division of the Supreme Court of the State of New York · 2009
  5. Alexandre v. DweckAppellate Division of the Supreme Court of the State of New York · 2007

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

3Cited by21 opinions

  1. Rouach v. BettsAppellate Division of the Supreme Court of the State of New York · 2010
  2. American Express Centurion Bank v. CutlerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Vardaros v. ZapasAppellate Division of the Supreme Court of the State of New York · 2013
  4. Reynolds v. Wai Sang LeungAppellate Division of the Supreme Court of the State of New York · 2010
  5. Strilcic v. ParolyAppellate Division of the Supreme Court of the State of New York · 2010

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API