Legal Opinion
Randazzo v. Our Lady of Mercy Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided June 12, 2001PublishedCited by 5 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Paul Victor, J.), entered on or about November 22, 2000, which denied defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff had not suffered a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.
Contrary to defendants’ claim, they were not entitled to preclusion on the ground that plaintiff failed to particularize the category of serious injury in her bill of particulars. Before the sanction of preclusion is granted or a pleading stricken for failure to respond fully to…
2Cases cited4 opinions
- O'Sullivan v. Atrium Bus Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Verderosa v. SimonelliAppellate Division of the Supreme Court of the State of New York · 1999
- Vargas v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
- Kovacs v. Castle Restoration & Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by5 opinions
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- Alcombrack v. SwartsAppellate Division of the Supreme Court of the State of New York · 2008
- Chrisomalides v. EkowAppellate Division of the Supreme Court of the State of New York · 2002
- Johnson v. DowAppellate Division of the Supreme Court of the State of New York · 2008
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