Brown v. Wagg
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion and cross motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ motion and cross motion seeking summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Defendants met their initial burden by submitting the affidavit of their medical expert, who “opined therein that there is no objective evidence that plaintiff! ] sustained a serious injury” (Muratore v Tierney, 229 AD2d 1018). Plaintiff failed in…
2Cases cited9 opinions
- Scheer v. KoubekNew York Court of Appeals · 1987
- Bennett v. ReedAppellate Division of the Supreme Court of the State of New York · 1999
- Forte v. VaccaroAppellate Division of the Supreme Court of the State of New York · 1991
- Barbarulo v. AlleryAppellate Division of the Supreme Court of the State of New York · 2000
- Watt v. Eastern Investigative BureauAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by8 opinions
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- Cook v. FranzAppellate Division of the Supreme Court of the State of New York · 2003
- Sarkis v. GandyAppellate Division of the Supreme Court of the State of New York · 2005
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