Legal Opinion
Gootz v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided May 19, 1988PublishedCited by 19 opinions
1Opinion of the Court
— Mercure, J.
Plaintiff Patricia N. Gootz (hereinafter plaintiff) and her husband commenced this negligence action to recover for allegedly serious injuries they sustained resulting from an October 17, 1984 automobile accident. After issue was joined and medical reports exchanged, defendant moved for summary judgment dismissing plaintiffs complaint upon the ground that plaintiff had not suffered a serious injury as defined in Insurance Law § 5102 (d) and, hence, did not meet the statutory threshold for bringing an action as required by Insurance Law § 5104 (a). The motion was denied except to…
2Cases cited5 opinions
- Licari v. ElliottNew York Court of Appeals · 1982
- Scheer v. KoubekNew York Court of Appeals · 1987
- Dwyer v. TraceyAppellate Division of the Supreme Court of the State of New York · 1984
- Kordana v. PomellitoAppellate Division of the Supreme Court of the State of New York · 1986
- Callas v. MaloneAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by19 opinions
- Oswin v. ShawSupreme Court of New Jersey · 1992
- Philpotts v. PetrovicAppellate Division of the Supreme Court of the State of New York · 1990
- Gaddy v. EylerAppellate Division of the Supreme Court of the State of New York · 1991
- Oswin v. ShawNew Jersey Superior Court Appellate Division · 1991
- Thomas v. DrakeAppellate Division of the Supreme Court of the State of New York · 1988
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