Legal Opinion

Merlis v. Lupo

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

Decided February 25, 1985PublishedCited by 4 opinions

1Opinion of the Court

In an automobile negligence action to recover damages, inter alia, for a “serious injury” pursuant to Insurance *903Law § 5102 (d) (formerly § 671 [4]), defendants appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated July 11, 1983, which denied their motion for summary judgment.

Order affirmed, with costs.

Viewing the record in the light most favorable to plaintiff, the party opposing the motion for summary judgment (Waldron v Wild, 96 AD2d 190), we conclude that plaintiff’s claim of “serious injury” within the meaning of Insurance Law § 5102 (d) presents a question of fact…

2Cases cited3 opinions

  1. Licari v. ElliottNew York Court of Appeals · 1982
  2. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  3. Waldron v. WildAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by4 opinions

  1. Landisi v. Beacon Community Development AgencyAppellate Division of the Supreme Court of the State of New York · 1992
  2. Passonno v. HallAppellate Division of the Supreme Court of the State of New York · 1986
  3. Vignola v. VarrichioAppellate Division of the Supreme Court of the State of New York · 1997
  4. Jorge v. SuttonAppellate Division of the Supreme Court of the State of New York · 1987

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