Legal Opinion

Figueroa v. Ortiz

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

Decided February 17, 2015No. 14224 307658/11PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered September 9, 2013, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established entitlement to judgment as a matter of law in this action where plaintiff alleges that, as a result of a motor vehicle accident, she suffered serious injuries to her spine, right shoulder and right hip. Regarding the “permanent consequential” and “significant” limitations-in-use categories of Insurance Law § 5102 (d), defendant demonstrated that plaintiff did not suffer a…

2Cases cited5 opinions

  1. Gorden v. TibulcioAppellate Division of the Supreme Court of the State of New York · 2008
  2. Merrick v. Lopez-GarciaAppellate Division of the Supreme Court of the State of New York · 2012
  3. Thomas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Cruz v. MartinezAppellate Division of the Supreme Court of the State of New York · 2013
  5. Dawkins v. CartwrightAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by5 opinions

  1. Walker v. WhitneyAppellate Division of the Supreme Court of the State of New York · 2015
  2. Cabrera v. Apple Provisions, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Michels v. MartonAppellate Division of the Supreme Court of the State of New York · 2015
  4. Castillo v. AbreuAppellate Division of the Supreme Court of the State of New York · 2015
  5. Ott v. GonzalezDistrict Court, W.D. New York · 2022

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