Legal Opinion

Decker v. Rassaert

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1987PublishedCited by 11 opinions

1Opinion of the Court

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), dated September 9, 1985, which is in favor of the defendant and against them, upon jury verdicts finding the defendant 60% at fault in the happening of the accident, but -finding that the plaintiff Michael L. Decker had not suffered a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the judgment is reversed, on the law and in the exercise of discretion, a new trial is granted, limited to the issue of…

2Cases cited11 opinions

  1. Alexander v. EldredNew York Court of Appeals · 1984
  2. Ando v.WoodberryNew York Court of Appeals · 1960
  3. Miller v. MillerNew York Court of Appeals · 1986
  4. Gilly v. City of New YorkNew York Court of Appeals · 1987
  5. Miller v. MillerAppellate Division of the Supreme Court of the State of New York · 1984

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3Cited by11 opinions

  1. Kelly v. TarnowskiAppellate Division of the Supreme Court of the State of New York · 1995
  2. Ciarelli v. LynchAppellate Division of the Supreme Court of the State of New York · 2005
  3. Gallagher v. SamplesAppellate Division of the Supreme Court of the State of New York · 2004
  4. Allen v. HarringtonAppellate Division of the Supreme Court of the State of New York · 1989
  5. Amofa v. N.S.C. Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1998

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