Martin v. Fitzpatrick
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order and judgment of the Supreme Court (Cannizzaro, J.), entered June 16, 2004 in Albany County, upon a decision of the court in favor of plaintiffs.
Plaintiff Gregory L. Martin (hereinafter plaintiff) and his wife, derivatively, commenced this action alleging that plaintiff sustained serious injuries within the meaning of Insurance Law § 5102 (d) when his vehicle, stopped at a traffic light, was hit from the rear by a vehicle driven by Edward Jones.* Following a nonjury trial, Supreme Court rendered a verdict in plaintiffs’ favor, finding plaintiff had sustained serious injury…
2Cases cited19 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Licari v. ElliottNew York Court of Appeals · 1982
- Pommells v. PerezNew York Court of Appeals · 2005
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Franchini v. PalmieriNew York Court of Appeals · 2003
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3Cited by27 opinions
- Pugh v. DesantisAppellate Division of the Supreme Court of the State of New York · 2007
- Anderson v. DainackAppellate Division of the Supreme Court of the State of New York · 2007
- Charles T. Driscoll Masonry Restoration Co. v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 2007
- Dean v. BrownAppellate Division of the Supreme Court of the State of New York · 2009
- Kinge v. StateAppellate Division of the Supreme Court of the State of New York · 2010
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