Legal Opinion
D'Amato v. Mandello
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 2003PublishedCited by 8 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated February 4, 2003, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
It is undisputed in this case that the plaintiff sustained disc herniations in the cervical spine before the accident occurred.
The…
2Cases cited4 opinions
- Gaddy v. EylerNew York Court of Appeals · 1992
- Friedman v. U-Haul Truck RentalAppellate Division of the Supreme Court of the State of New York · 1995
- Beckett v. ConteAppellate Division of the Supreme Court of the State of New York · 1991
- Harney v. Tombstone Pizza Corp.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by8 opinions
- Murray v. HartfordAppellate Division of the Supreme Court of the State of New York · 2005
- Perl v. MeherAppellate Division of the Supreme Court of the State of New York · 2010
- Magarin v. KropfAppellate Division of the Supreme Court of the State of New York · 2005
- Jackson v. ColvertAppellate Division of the Supreme Court of the State of New York · 2005
- Springer v. ArthursAppellate Division of the Supreme Court of the State of New York · 2005
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