Legal Opinion
Cavallaro v. Baker
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 1992PublishedCited by 4 opinions
1Opinion of the Court
Order reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment. The opposing affidavits of plaintiff, her treating physician and medical expert were sufficient to raise a triable issue of fact whether plaintiff suffered a serious injury within the meaning of the No-Fault Law (see, Lopez v Senatore, 65 NY2d 1017, 1020; Spezia v De Marco, 173 AD2d 462, 463; Rotondi v Horning, 168 AD2d 944). The conflicting opinions of the medical experts raise issues of credibility which are for the jury to…
2Cases cited4 opinions
- Spezia v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1991
- Francis v. Basic Metal Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Rotondi v. HorningAppellate Division of the Supreme Court of the State of New York · 1990
- Weider v. SenebouthyrathAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by4 opinions
- Tanner v. TundoAppellate Division of the Supreme Court of the State of New York · 2003
- D'Onofrio v. BoehlertAppellate Division of the Supreme Court of the State of New York · 1995
- Kenjarski v. GlassoAppellate Division of the Supreme Court of the State of New York · 1995
- Simmons v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 2005