Amodeo v. Pitcher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Harvey, J.
Appeal from an order of the Supreme Court at Special Term (Cobb, J.), entered March 4, 1986 in Ulster County, which denied defendants’ motion for summary judgment dismissing the complaint.
In March 1983, plaintiff commenced this personal injury action for damages allegedly sustained as a result of an automobile accident. Defendants subsequently moved for summary judgment on the ground that plaintiff had not suffered a "serious injury” (see, Insurance Law § 5102 [d]; § 5104 [a]). The motion was denied and this appeal ensued.
The proponent of a summary judgment motion has the burden…
2Cases cited8 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Licari v. ElliottNew York Court of Appeals · 1982
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Dwyer v. TraceyAppellate Division of the Supreme Court of the State of New York · 1984
- Savage v. DelacruzAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by5 opinions
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- Hughes v. PoulinAppellate Division of the Supreme Court of the State of New York · 1988
- Washburn v. VanceAppellate Division of the Supreme Court of the State of New York · 1989