Legal Opinion

Werthner v. Lewis

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

Decided August 6, 2014No. 2013-03789Published

1Opinion of the Court

In a consolidated action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (LaSalle, J.), dated March 8, 2013, as granted the motion of the defendants Paul D. Lewis and Michelle L. Lewis and the cross motion of the defendants Christa I. Shiffer and Anthony J. DiMartini for summary judgment dismissing the complaint insofar as asserted against each of them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject…

2Cases cited9 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  3. Gaddy v. EylerNew York Court of Appeals · 1992
  4. Alvarez v. DematasAppellate Division of the Supreme Court of the State of New York · 2009
  5. Rodgers v. DuffyAppellate Division of the Supreme Court of the State of New York · 2012

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