Abbas v. Cole
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Santucci, J.
In this case we address the issue of whether or not a plaintiff, who has been granted a default judgment on the issue of liability in a case seeking compensation for personal injuries arising from a motor vehicle accident, is required to demonstrate the element of “serious injury” at the inquest on damages. For the reasons that follow, we conclude that, unless the issue of serious injury has been previously determined, the plaintiff must demonstrate at the damages inquest proof of a serious injury before there can be any recovery for pain and suffering arising…
2Cases cited28 opinions
- Licari v. ElliottNew York Court of Appeals · 1982
- Martin v. City of CohoesNew York Court of Appeals · 1975
- People v. EvansNew York Court of Appeals · 2000
- Rokina Optical Co. v. Camera King, Inc.New York Court of Appeals · 1984
- Amusement Business Underwriters v. American International Group, Inc.New York Court of Appeals · 1985
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3Cited by17 opinions
- Schipani v. McLeodCourt of Appeals for the Second Circuit · 2008
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- Van Nostrand v. FroehlichAppellate Division of the Supreme Court of the State of New York · 2007
- Amato v. Fast Repair Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Gonzalez v. WuAppellate Division of the Supreme Court of the State of New York · 2015
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