Legal Opinion

MacMillan v. Cleveland

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

Decided March 10, 2011PublishedCited by 28 opinions

1Opinion of the CourtGarry, J.

In October 2005, plaintiff Elizabeth MacMillan (hereinafter plaintiff) was operating a motor vehicle when it was struck by defendant’s vehicle. Plaintiffs subsequently commenced this action, claiming serious injury to plaintiffs back and neck within the meaning of Insurance Law § 5102 (d). Following joinder of issue, defendant moved for summary judgment dismissing the complaint. Supreme Court granted the motion, prompting this appeal. Finding plaintiffs’ evidence sufficient to present a factual dispute relative to the significant limitation of use and the 90/180-day categories, we modify the…

2Cases cited15 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Pommells v. PerezNew York Court of Appeals · 2005
  3. Franchini v. PalmieriNew York Court of Appeals · 2003
  4. Oberly v. Bangs Ambulance, Inc.New York Court of Appeals · 2001
  5. Blanchard v. WilcoxAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by28 opinions

  1. Raucci v. HesterAppellate Division of the Supreme Court of the State of New York · 2014
  2. Crawford-Reese v. WoodardAppellate Division of the Supreme Court of the State of New York · 2012
  3. Clausi v. HallAppellate Division of the Supreme Court of the State of New York · 2015
  4. Putnam v. Sysco Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Shelley v. McCutcheonAppellate Division of the Supreme Court of the State of New York · 2014

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