Legal Opinion
Cruz v. Martinez
Appellate Division of the Supreme Court of the State of New York
Decided May 14, 2013Published
1Opinion of the Court
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about April 11, 2012, which granted defendants’ motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law § 5102 (d), unanimously affirmed, without costs.
Plaintiffs Cruz and Peralta, and Peralta’s then 13-year-old son, Peter Clark, allege that they suffered serious injuries in a motor vehicle accident that occurred in December 2008. Cruz alleged permanent injury to his neck and back, Peralta alleged permanent injury to her lower back, and…
2Cases cited7 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Pommells v. PerezNew York Court of Appeals · 2005
- Gogos v. Modell's Sporting Goods, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Mitrotti v. EliaAppellate Division of the Supreme Court of the State of New York · 2012
- Merrick v. Lopez-GarciaAppellate Division of the Supreme Court of the State of New York · 2012
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