Legal Opinion
Herbst v. Marshall
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 2008No. Appeal No. 2PublishedCited by 13 opinions
1Opinion of the Court
*1195Memorandum: Plaintiffs commenced these actions seeking damages for injuries sustained by Mary Herbst (plaintiff) in two separate motor vehicle accidents. Defendant moved for summary judgment dismissing the complaint against him on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the March 2003 accident. Supreme Court granted the motion in part by dismissing the complaint, as amplified by the bill of particulars, with respect to the permanent consequential limitation of use and significant limitation of use categories of…
2Cases cited5 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Licari v. ElliottNew York Court of Appeals · 1982
- Leahey v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 2003
- Clark v. PerryAppellate Division of the Supreme Court of the State of New York · 2005
- Howell v. HollowayAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by13 opinions
- Austin v. Rent A Center East, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Harrity v. LeoneAppellate Division of the Supreme Court of the State of New York · 2012
- Weaver v. Town of PenfieldAppellate Division of the Supreme Court of the State of New York · 2009
- BURKE, LUCILLE M. v. MORAN, RYAN D.Appellate Division of the Supreme Court of the State of New York · 2011
- DOWNIE, DANIELLE v. MCDONOUGH, SHAWN T.Appellate Division of the Supreme Court of the State of New York · 2014
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