Legal Opinion
RISSEW, MICHAEL v. SMITH, MARK L.
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 2011No. CA 11-00581PublishedCited by 5 opinions
1Opinion of the Court
Memorandum:
Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Michael Rissew (plaintiff) when the motor vehicle operated by plaintiff collided with a ve*1384hide owned by defendant Trishia Barker and operated by defendant Mark L. Smith. Defendants moved for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of the three categories alleged in the complaint, as amplified by the bill of particulars, and Supreme Court denied defendants’ motion.
We agree with defendants that the court erred in…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Pugh v. DesantisAppellate Division of the Supreme Court of the State of New York · 2007
- Herbst v. MarshallAppellate Division of the Supreme Court of the State of New York · 2008
- Lauffer v. MaceyAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by5 opinions
- Austin v. Rent A Center East, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- LIMARDI, MICHAEL v. MCLEOD, BARBARA M.Appellate Division of the Supreme Court of the State of New York · 2012
- WILLIAMS, TYSHAWN J. v. JONES, LAVALRA M.Appellate Division of the Supreme Court of the State of New York · 2016
- AUSTIN, MARK v. RENT A CENTER EAST, INC.Appellate Division of the Supreme Court of the State of New York · 2011
- WILLIAMS, TYSHAWN J. v. JONES, LAVALRA M.Appellate Division of the Supreme Court of the State of New York · 2016