Legal Opinion

Pendleton v. Bizzoco

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

Decided July 14, 2017No. 2016-04207Published

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Pagones, J.), dated March 18, 2016, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff Janet Pendleton did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is denied.

The defendants met their prima facie…

2Cases cited7 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Gaddy v. EylerNew York Court of Appeals · 1992
  3. Jilani v. PalmerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Felix v. WildredAppellate Division of the Supreme Court of the State of New York · 2008
  5. Matthews v. Cupie Transportation Corp.Appellate Division of the Supreme Court of the State of New York · 2003

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