Legal Opinion
DePetres v. Kaiser
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1997PublishedCited by 11 opinions
1Opinion of the Court
—Order unanimously mod*852ified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied the cross motion of defendants for summary judgment dismissing the complaint because they failed to make a prima facie showing that plaintiff did not suffer a serious injury under Insurance Law § 5102 (d) (see, Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065, 1067). To establish a prima facie case that plaintiff, as alleged in her complaint, did not have a medically determined impairment of a nonpermanent nature that prevented her…
2Cases cited4 opinions
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Morowitz v. NaughtonAppellate Division of the Supreme Court of the State of New York · 1989
- Torres v. MichelettiAppellate Division of the Supreme Court of the State of New York · 1994
- Czumaj v. BorzelleriAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by11 opinions
- Ruzycki v. BakerAppellate Division of the Supreme Court of the State of New York · 2002
- Van Nostrand v. FroehlichAppellate Division of the Supreme Court of the State of New York · 2007
- Zecca v. RiccardelliAppellate Division of the Supreme Court of the State of New York · 2002
- Frier v. TeagueAppellate Division of the Supreme Court of the State of New York · 2001
- Simone v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 2001
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