Zecca v. Riccardelli
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Feuerstein, J.
On this appeal we address the issue of whether the granting of a motion for summary judgment on the issue of liability automatically includes a determination that the plaintiff has sustained a serious injury within the definition of Insurance Law § 5102 (d), even if the issue of serious injury was not raised. For the reasons that follow, we conclude that it does not.
I
On May 15, 1998, a vehicle owned and operated by Frank J. Zecca, the plaintiff in Action No. 1, in which Steven Ehrlich (hereinafter Ehrlich), a plaintiff in Action No. 2, was a passenger, was…
2Cases cited10 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Licari v. ElliottNew York Court of Appeals · 1982
- Montgomery v. DanielsNew York Court of Appeals · 1975
- Oberly v. Bangs Ambulance, Inc.New York Court of Appeals · 2001
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3Cited by25 opinions
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- Koyenov v. Twin-D Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Wade v. Knight Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
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