Legal Opinion

Avellanosa v. Orazio

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

Decided November 15, 2002PublishedCited by 3 opinions

1Opinion of the Court

Appeal from an order of Supreme Court, Erie County (Rath, Jr., J.), entered May 29, 2001, which denied defendants’ motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Anthony M. Avellanosa (plaintiff) was allegedly injured when the vehicle he was driving was rear-ended by a vehicle operated by defendant Mistretta Orazio. Defendants moved for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of…

2Cases cited3 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  3. Dufel v. GreenNew York Court of Appeals · 1995

3Cited by3 opinions

  1. Harris v. CarellaAppellate Division of the Supreme Court of the State of New York · 2007
  2. Hoffmann v. StechenfingerAppellate Division of the Supreme Court of the State of New York · 2004
  3. Sandoro v. AndzelAppellate Division of the Supreme Court of the State of New York · 2003

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