Meireles v. Lakeland Central School District
Cases that cite this one
2 later published cases cite this decision.
- Vitale v. Lev Express Cab Corp. (Appellate Division of the Supreme Court of New York 2000)
- Bonilla v. Fine Homes Construction Co. (Appellate Division of the Supreme Court of New York 1997)
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 action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Gurahian, J.), entered March 25, 1993, which denied their motion for summary judgment dismissing the complaint based on the plaintiff’s failure to establish "serious injury” pursuant to Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
The affidavit of the plaintiff’s treating physician, Dr. Walter Szpur, indicated that on January 11, 1993, almost 18 months after the accident, there was a 40% deficit in the range of motion of plaintiffs cervical spine and, based on this predicate, concluded that the plaintiff experienced a permanent partial disability. The affidavit was sufficient to warrant denial of the motion for summary judgment dismissing the complaint (see, Lopez v Senatore, 65 NY2d 1017; Lamarre v Troop, 202 AD2d 645; cf., McHaffie v Antieri, 190 AD2d 780; Philpotts v Petrovic, 160 AD2d 856). Bracken, J. P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.