Hochlerin v. Tolins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Burstein, J.), dated May 25, 1990, which denied his motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendant moved for summary judgment, contending that the plaintiff did not sustain a "serious injury” within the purview of Insurance Law § 5102 (d) (see, Licari v Elliott, 57 NY2d 230). In support of his motion, the defendant relied, inter alia, on an unsworn report prepared by his examining physician, and two…
2Cases cited7 opinions
- Licari v. ElliottNew York Court of Appeals · 1982
- Pagano v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1992
- Bates v. PeeplesAppellate Division of the Supreme Court of the State of New York · 1991
- Morselling v. FrankelAppellate Division of the Supreme Court of the State of New York · 1990
- Spezia v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by8 opinions
- Torres v. MichelettiAppellate Division of the Supreme Court of the State of New York · 1994
- LeBrun v. JoynerAppellate Division of the Supreme Court of the State of New York · 1993
- Seymour v. RoeAppellate Division of the Supreme Court of the State of New York · 2003
- Vignola v. VarrichioAppellate Division of the Supreme Court of the State of New York · 1997
- Nigro v. PenreeAppellate Division of the Supreme Court of the State of New York · 1997
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