Legal Opinion

Testa v. Allen

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

Decided December 21, 2001PublishedCited by 6 opinions

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

  1. McGuirk v. VedderAppellate Division of the Supreme Court of the State of New York · 2000
  2. Rodriguez v. DugganAppellate Division of the Supreme Court of the State of New York · 1999
  3. Mangano v. ShermanAppellate Division of the Supreme Court of the State of New York · 2000
  4. Dixon v. LaMorticellaAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by6 opinions

  1. Austin v. Rent A Center East, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. O'Neal v. CancillaAppellate Division of the Supreme Court of the State of New York · 2002
  3. Halsey v. Rochester-Genesee Regional Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
  4. AUSTIN, MARK v. RENT A CENTER EAST, INC.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Nitti v. ClerricoAppellate Division of the Supreme Court of the State of New York · 2002

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