“Serious Injury” Threshold

In Steele v. Santana (App Div. 1st Dept. 2/19/15), a personal injury injury car accident case, the Appellate Division, First Department reversed the lower court’s determination that plaintiff did not suffer a “serious injury” within the meaning of section 5102(d) of the New York Insurance Law. In this case, plaintiff alleges that she suffered injuries to…

Read More Evidence of Tendon and Rotator Cuff Tears Present Triable Issue of Fact Relating to “Serious Injury” in Car Accident Case

In Sylvester v. Jimenez, an automobile accident case, Judge Bluth of the New York Supreme Court denied defendant’s motion for summary judgment that plaintiff did not sustain a “serious injury” under Insurance Law 5102(d). This was a two-car accident; plaintiff Sylvester was driving, and plaintiff Turner was a passenger, in one car, and defendant Jimenez…

Read More Failure to Address Asserted Injuries Results in Denial of Summary Judgment of no “Serious Injury” in Car Accident Case

In Contreras v. United Rentals (North Am.) Inc., a car accident case, the Supreme Court, Suffolk County, denied defendants’ motions for summary judgment dismissing plaintiffs’ complaint on the ground that they did not suffer a “serious injury” within the meaning of New York Insurance Law § 5102(d). Marcos Conteras was driving, and Nydia Contreras was…

Read More Evidence of “Serious Injury” Precludes Summary Judgment for Defendants in Tractor Trailer Accident Case

In Herrera v. Dulisse, a car accident case, the Appellate Division, First Department reversed the lower court’s grant of summary judgment to defendant on plaintiff’s claim that she suffered a “serious injury”. Defendant “failed to establish his entitlement to judgment as a matter of law with respect to plaintiff’s claims under the ‘permanent consequential limitation of…

Read More Evidence of Bulging Disc and 20% Loss of Use of Cervical Spine Sufficient to Meet Serious Injury Threshold in Car Accident Case

In Kang v. Almanzar, the Appellate Division, First Department recently modified the trial court’s grant of summary judgment to defendant on the issue of whether plaintiff suffered a “serious injury” to her right shoulder under the “significant limitation in use” category set forth in Insurance Law § 5102(d). Initially, Defendants made a prima facie showing that…

Read More Plaintiff Presents Sufficient Evidence of “Significant Limitation” to Right Shoulder to Meet “Serious Injury” Threshold

In Ferrara v. Middleton, the Appellate Division, First Department recently held that plaintiff raised an issue of fact as to whether he satisfied the “serious injury” threshold of New York’s “No Fault Law” sufficient to defeat defendants’ motion for summary judgment.  Defendants met their initial burden on summary judgment: Defendants established prima facie that plaintiff did…

Read More Plaintiff Raises Fact Issue as to Whether Shoulder Injury Constitutes a “Serious Injury” Under the No-Fault Law

In Swift v. New York Transit Authority, the Appellate Division, First Department modified the trial court’s order to deny defendant’s motion for summary judgment to dismiss plaintiff’s claims of “permanent consequential and significant limitations in use of the knees and a 90/180-day injury.” In order to proceed in court, plaintiff was required to present evidence…

Read More Plaintiff Raises Triable Issue of Fact that Knee Injury Was a “Serious Injury” Under Insurance Law 5102(d)

In Johnson v. KS Transportation, a car accident case, the Appellate Division, First Department modified a summary judgment dismissing plaintiff’s complaint on the ground that plaintiff did not suffer a “serious injury” within the meaning of Insurance Law § 5102(d). Section 5104(a) of New York’s No-Fault Law provides, in pertinent part, that “in any action by or…

Read More Fact Issue as to Whether Knee Injury Meets “Serious Injury” Threshold Precludes Summary Judgment for Defendant in Car Accident Case