Ruzycki v. Baker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hayes, J.
I
Plaintiffs commenced this negligence action seeking damages for personal injuries sustained by Kevin R. Ruzycki (plaintiff) when the vehicle that he was driving was rear-ended by a vehicle driven by defendant. Plaintiffs moved for summary judgment on the issue of liability but did not raise the issue whether plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d). Supreme Court denied the motion on two grounds: there are issues of fact concerning the negligence of plaintiff and defendant and plaintiffs failed to establish as a matter…
2Cases cited32 opinions
- Licari v. ElliottNew York Court of Appeals · 1982
- Leal v. WolffAppellate Division of the Supreme Court of the State of New York · 1996
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- Boyce v. VazquezAppellate Division of the Supreme Court of the State of New York · 1998
- Power v. HupartAppellate Division of the Supreme Court of the State of New York · 1999
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- Roll v. GavittAppellate Division of the Supreme Court of the State of New York · 2010
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