Appellate Division of the Supreme Court of New York, 1985

Merlis v. Lupo

Appellate Division of the Supreme Court of New York · Decided February 25, 1985

108 A.D.2d 902; 485 N.Y.S.2d 787; 1985 N.Y. App. Div. LEXIS 43235

Cases that cite this one

4 later published cases cite this decision.

Vignola v. Varrichio (Appellate Division of the Supreme Court of New York 1997)
Landisi v. Beacon Community Development Agency (Appellate Division of the Supreme Court of New York 1992)
Jorge v. Sutton (Appellate Division of the Supreme Court of New York 1987)
Passonno v. Hall (Appellate Division of the Supreme Court of New York 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an automobile negligence action to recover damages, inter alia, for a “serious injury” pursuant to Insurance *903Law § 5102 (d) (formerly § 671 [4]), defendants appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated July 11, 1983, which denied their motion for summary judgment.

Order affirmed, with costs.

Viewing the record in the light most favorable to plaintiff, the party opposing the motion for summary judgment (Waldron v Wild, 96 AD2d 190), we conclude that plaintiff’s claim of “serious injury” within the meaning of Insurance Law § 5102 (d) presents a question of fact to be resolved by a jury (see, Licari v Elliott, 57 NY2d 230; Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065). Mangano, J. P., Bracken, Weinstein and Niehoff, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.