Testa v. Allen
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 denied and amended complaint and third-party complaint reinstated. Memorandum: Supreme Court erred in granting defendants’ motion for summary judgment dismissing the amended complaint and third-party defendant’s cross motion for summary judgment dismissing the third-party complaint on the ground that plaintiff failed to sustain a serious injury within the meaning of Insurance Law § 5102 (d). Even assuming, arguendo, that defendants and third-party defendant met their initial burden, we conclude that plaintiff raised…
2Cases cited4 opinions
- McGuirk v. VedderAppellate Division of the Supreme Court of the State of New York · 2000
- Rodriguez v. DugganAppellate Division of the Supreme Court of the State of New York · 1999
- Mangano v. ShermanAppellate Division of the Supreme Court of the State of New York · 2000
- Dixon v. LaMorticellaAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by6 opinions
- Austin v. Rent A Center East, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- O'Neal v. CancillaAppellate Division of the Supreme Court of the State of New York · 2002
- Halsey v. Rochester-Genesee Regional Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
- AUSTIN, MARK v. RENT A CENTER EAST, INC.Appellate Division of the Supreme Court of the State of New York · 2011
- Nitti v. ClerricoAppellate Division of the Supreme Court of the State of New York · 2002
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