Corcione v. John Dominick Cusumano, Inc.
Cases that cite this one
5 later published cases cite this decision.
- MARTINEZ, JACOB v. CITY OF BUFFALO (Appellate Division of the Supreme Court of New York 2017)
- Martinez v. City of Buffalo (Appellate Division of the Supreme Court of New York 2017)
- Martinez v. City of Buffalo (Appellate Division of the Supreme Court of New York 2017)
- Martinez v. City of Buffalo (Appellate Division of the Supreme Court of New York 2017)
- Cracchiolo v. Omerza (Appellate Division of the Supreme Court of New York 2011)
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 and injury to property, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Palmieri, J.), dated June 11, 2010, as granted that branch of the defendants’ motion which was for summary judgment dismissing the first cause of action on the ground that he did not sustain 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 defendants’ motion which was for summary judgment dismissing the first cause of action on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) is denied.
The defendants failed to establish their prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 852 [1985]; Zuckerman v City of New York, 49 NY2d 557, 559 [1980]). The defendants’ examining
The parties’ remaining contentions either are without merit or have been rendered academic in light of our determination. Dillon, J.E, Leventhal, Belen, Austin and Cohen, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.