Legal Opinion

Sauter ex rel. Sauter v. Calabretta

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

Decided December 30, 2011PublishedCited by 15 opinions

1Opinion of the Court

Memorandum:

Plaintiff commenced this action on behalf of her daughter seeking damages for injuries her daughter sustained when she was struck by a vehicle operated by defend*1703ant while walking on the shoulder of the road. Plaintiff appeals and defendant cross-appeals from an order denying plaintiffs motion for partial summary judgment on liability, i.e., the issues of negligence and serious injury (see generally Ruzycki v Baker, 301 AD2d 48, 51-52 [2002]), and denying defendant’s cross motion for summary judgment dismissing the complaint. We affirm.

Contrary to plaintiffs contention on appeal, we…

2Cases cited15 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  4. Grasso v. AngeramiNew York Court of Appeals · 1991
  5. Ruzycki v. BakerAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by15 opinions

  1. Wallace v. BarodyAppellate Division of the Supreme Court of the State of New York · 2015
  2. Uhteg v. KendraAppellate Division of the Supreme Court of the State of New York · 2021
  3. Burkhart v. People, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  4. McCarthy v. HameedAppellate Division of the Supreme Court of the State of New York · 2021
  5. BURKHART, NANCY v. PEOPLE, INC.Appellate Division of the Supreme Court of the State of New York · 2013

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