Appellate Division of the Supreme Court of New York, 2002

Corbett v. County of Onondaga

Appellate Division of the Supreme Court of New York · Decided February 1, 2002

291 A.D.2d 886; 738 N.Y.S.2d 621; 2002 N.Y. App. Div. LEXIS 1109

Cases that cite this one

5 later published cases cite this decision.

Rohr v. Dewald (Appellate Division of the Supreme Court of New York 2018)
COOK, CURTIS v. PETERSON, ALYSSA S. (Appellate Division of the Supreme Court of New York 2016)
Taher v. Valerio-Mena (Civil Court of the City of New York 2003)
Bieman v. Thurn (Appellate Division of the Supreme Court of New York 2002)
Pittman v. Rickard (Appellate Division of the Supreme Court of New York 2002)

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

—Appeal from that part of an order of Supreme Court, Onondaga County (McCarthy, J.), entered April 27, 2001, that denied defendants’ cross motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Patrick J. Corbett (plaintiff) *887when his vehicle was rear-ended by a truck driven by defendant David I. Brown and owned by defendant County of Onondaga. Supreme Court properly denied defendants’ cross motion for summary judgment dismissing the complaint because an issue of fact exists whether plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d). It is well established that “conflicting expert opinions may not be resolved on a motion for summary judgment” (Williams v Lucianatelli, 259 AD2d 1003, 1003). Present — Wisner, J.P., Hurlbutt, Kehoe, Burns and Lawton, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.