Legal Opinion

Clemens v. Apple

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

Decided June 21, 1984PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Yesawich, Jr., J.

On December 8,1977, plaintiff John Clemens, a victim of Alzheimer’s disease, was involved in a motor vehicle accident with defendant. Approximately two years later, Clemens underwent surgery for removal of a herniated disc. Claiming that the degenerative herniated disc condition he suffered from due to his disease had been aggravated by the car accident, Clemens applied for, but his insurance carrier denied, no-fault insurance benefits to cover the cost of the surgery. In deciding to challenge the carrier’s decision, Clemens had the option of commencing an…

2Cases cited8 opinions

  1. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  2. Matter of Am. Ins. Co (Messinger)New York Court of Appeals · 1977
  3. In re the Claim of RanniNew York Court of Appeals · 1982
  4. Mayers v. D'AgostinoNew York Court of Appeals · 1982
  5. Baldwin v. BrooksAppellate Division of the Supreme Court of the State of New York · 1981

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3Cited by6 opinions

  1. Vandenberg v. Superior CourtCalifornia Supreme Court · 1999
  2. In re the Claim of BraunerAppellate Division of the Supreme Court of the State of New York · 1990
  3. Maldonado v. Nu Way Fuel Oil Burners, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  4. Feinberg v. BorosAppellate Division of the Supreme Court of the State of New York · 2012
  5. Feinberg v. BorosAppellate Division of the Supreme Court of the State of New York · 2012

1 more not listed; retrieve them via the Exa API.

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