Destin v. New York City Transit Authority
Cases that cite this one
5 later published cases cite this decision.
- Kiernan v. Daimler-Chrysler Corp. (Appellate Division of the Supreme Court of New York 2009)
- DiGiulio v. Kirch (Appellate Division of the Supreme Court of New York 2004)
- Sportiello v. City of New York (Appellate Division of the Supreme Court of New York 2004)
- Peppas v. City of New York (Appellate Division of the Supreme Court of New York 2004)
- Castillo v. County of Suffolk (Appellate Division of the Supreme Court of New York 2003)
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 defendant New York City Transit Authority appeals from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated September 10, 2001, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the motion of the defendant New York City Transit Authority for summary judgment. Discovery is still outstanding. Thus, it would be premature to grant summary judgment at this stage of the proceedings (see CPLR 3212 [f|; Rajan v Insler, 300 AD2d 463 [2002]; AIT Intl, v Federal Express Corp., 278 AD2d 439, 440 [2000]). Feuerstein, J.P., Goldstein, H. Miller and Rivera, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.