Legal Opinion

Lewicki v. Longshore

New York Supreme Court

Decided December 7, 2009Published

1Opinion of the Court

*802OPINION OF THE COURT

Martin Schneier, J.

The primary issue presented in this motor vehicle personal injury action is, has plaintiff who was struck by a motor vehicle on February 22, 2006 sustained a “serious injury” under New York’s No-Fault Insurance Law when he alleges that his heart attack, more than two years later, on November 17, 2008, was caused by the prior motor vehicle accident? Is this a “permanent consequential limitation of use of a body organ” as is required by the No-Fault Insurance Law? (Insurance Law § 5102 [d]; § 5104.) This is apparently an issue of first impression in this…

2Cases cited9 opinions

  1. Staff v. Mair YshuaAppellate Division of the Supreme Court of the State of New York · 2009
  2. Coscia v. 938 Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  3. Dufel v. GreenNew York Court of Appeals · 1995
  4. Rizzo v. Lincoln Diner Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Celardo v. BellAppellate Division of the Supreme Court of the State of New York · 1995

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