Grobman v. Chernoff
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Palmieri, J.), dated January 20, 2006, as granted that branch of the motion of the defendants Rhonda Grobman and Adam Chernoff which was to compel her to proceed to arbitration on the issue of whether she sustained a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants Adam Chernoff and Rhonda Grobman which was to compel the plaintiff to proceed to arbitration on the issue of whether she sustained a serious injury within the meaning of Insurance Law § 5102 (d) is denied.
At the conclusion of the damages phase of a bifurcated trial, the jury returned a verdict finding that the plaintiff had sustained an injury which resulted in a “permanent consequential limitation of use of a body organ or member,” and thus constituted a “serious injury” within the meaning of Insurance
Under these circumstances, the Supreme Court erred in granting that branch of the defendants’ motion which was to compel the plaintiff to proceed to arbitration on the issue of whether she sustained a serious injury within the meaning of Insurance Law § 5102 (d). The jury’s determination that the plaintiff sustained a serious injury, which the defendants failed to challenge on appeal, constituted a final and binding determination of this issue, especially in light of its award of future medical expenses. Accordingly, the issue of whether the plaintiff sustained a serious injury may not be relitigated in arbitration (see Singh v Friedson, 10 AD3d 721 [2004]; Beresford v Waheed, 302 AD2d 342 [2003]; see also Matter of Welton Becket Assoc. v LLJV Dev. Corp., 224 AD2d 268 [1996]; Smyczynski v Genesis Mktg. Group of Am., 185 AD2d 658 [1992]). Miller, J.P., Krausman, Spolzino, Fisher and Dillon, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.