Legal Opinion

Marshall v. Institute for Community Living, Inc.

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

Decided April 22, 2008PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated June 11, 2007, which denied their motion for summary judgment dismissing the complaint on the grounds that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) and that they were not at fault in causing the accident.

Ordered that the order is affirmed, with costs.

The plaintiff was struck by a van owned by the defendant Institute for Community Living, Inc., and operated by the defendant Jason Ruben Borrero, as…

2Cases cited4 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Sayers v. HotAppellate Division of the Supreme Court of the State of New York · 2005
  3. Smalls v. AJI Industries, Inc.New York Court of Appeals · 2008
  4. Thai v. ButtAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by5 opinions

  1. Salomon v. PrainitoAppellate Division of the Supreme Court of the State of New York · 2008
  2. Pampillonia v. BurduceaAppellate Division of the Supreme Court of the State of New York · 2009
  3. Rea v. BonoAppellate Division of the Supreme Court of the State of New York · 2012
  4. Yanping Xu v. Gold Coast Freightways, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Yanping Xu v. Gold Coast Freightways, Inc.Appellate Division of the Supreme Court of the State of New York · 2013

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