Oberly v. Bangs Ambulance, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mercure, J. P.
Plaintiff Richard Oberly (hereinafter plaintiff) sustained the injury forming the basis for this negligence action in a July 1994 motor vehicle accident. On this appeal, we need only consider whether plaintiff opposed defendant’s prima facie showing that plaintiff did not sustain a “serious injury” (Insurance Law § 5102 [d]) with competent evidentiary proof raising a material question of fact as to whether the diagnosed ulnar neuropathy in plaintiffs right arm constitutes a “permanent loss of use of a body * * * member” (Insurance Law § 5102 [d]; see, Gaddy v…
2Cases cited12 opinions
- Gaddy v. EylerNew York Court of Appeals · 1992
- Miller v. MillerNew York Court of Appeals · 1986
- Dwyer v. TraceyAppellate Division of the Supreme Court of the State of New York · 1984
- People v. CarrilloAppellate Division of the Supreme Court of the State of New York · 1999
- Jones v. SharpeAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by4 opinions
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- Campo v. NearyAppellate Division of the Supreme Court of the State of New York · 2008
- Sewell v. KaplanAppellate Division of the Supreme Court of the State of New York · 2002
- Mastrantuono v. United StatesDistrict Court, S.D. New York · 2001