Legal Opinion
Kennedy v. Anthony
Appellate Division of the Supreme Court of the State of New York
Decided July 29, 1993PublishedCited by 8 opinions
1Opinion of the CourtYesawich Jr., J.
Appeal from an order of the Supreme Court (Cobb, J.), entered May 7, 1992 in Ulster County, which, inter alia, denied a motion by defendants Karlyn M. Anthony and Malcolm T. Anthony for summary judgment dismissing the complaint against them.
At issue is whether a fractured tooth satisfies the "serious injury” threshold of Insurance Law § 5102 (d).* The initial determination of whether a plaintiff has made out a prima *943facie case of serious injury must be made by the court (see, Licari v Elliott, 57 NY2d 230, 237); however, summary judgment is only appropriate if there is no line of reasoning by…
2Cases cited3 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Licari v. ElliottNew York Court of Appeals · 1982
- Epstein v. ButeraAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by8 opinions
- Autiello v. CumminsAppellate Division of the Supreme Court of the State of New York · 2009
- Sanchez v. RomanoAppellate Division of the Supreme Court of the State of New York · 2002
- Fields v. Armada Vehicle Rental Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Newman v. DattaAppellate Division of the Supreme Court of the State of New York · 2010
- Gertis v. JaroszAppellate Division of the Supreme Court of the State of New York · 2001
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