Legal Opinion
McMillian v. Naparano
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 2009PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated August 15, 2008, as denied his 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 affirmed insofar as appealed from, with costs.
While we affirm the order insofar as appealed from, we do so on a ground other than that relied upon by the Supreme Court. The Supreme Court…
2Cases cited7 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Coscia v. 938 Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Hughes v. CaiAppellate Division of the Supreme Court of the State of New York · 2006
- Loadholt v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by5 opinions
- Daly-Caffrey v. LicausiAppellate Division of the Supreme Court of the State of New York · 2010
- Kharzis v. PV Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Martinez v. Yi Zhong ChenAppellate Division of the Supreme Court of the State of New York · 2012
- Bitterman v. DennisAppellate Division of the Supreme Court of the State of New York · 2010
- Kouyate v. ChowdhuryAppellate Division of the Supreme Court of the State of New York · 2010