Legal Opinion

McNally v. Beva Cab Corp.

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

Decided November 27, 2007PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated September 14, 2006, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed on the law, with costs, and *821the defendants’ motion for summary judgment dismissing the complaint is denied.

The defendants failed to establish good cause for the delay in making their motion for summary…

2Cases cited4 opinions

  1. Brill v. City of New YorkNew York Court of Appeals · 2004
  2. Miceli v. State Farm Mutual Automobile Insurance CompanyNew York Court of Appeals · 2004
  3. Kunz v. GleesonAppellate Division of the Supreme Court of the State of New York · 2004
  4. First Union Auto Finance, Inc. v. DonatAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by6 opinions

  1. Alexander v. GordonAppellate Division of the Supreme Court of the State of New York · 2012
  2. Fuczynski v. 144 Div., LLCAppellate Division of the Supreme Court of the State of New York · 2022
  3. Kennedy v. BaeAppellate Division of the Supreme Court of the State of New York · 2008
  4. State Farm Fire & Casualty v. Parking Systems Valet ServiceAppellate Division of the Supreme Court of the State of New York · 2008
  5. Alexander v. GordonAppellate Division of the Supreme Court of the State of New York · 2012

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