Schultz v. Von Voight
Cases that cite this one
15 later published cases cite this decision.
- Welch v. Ayala (District Court, S.D. New York 2023)
- Duldulao v. City of New York (Appellate Division of the Supreme Court of New York 2001)
- Bucci v. Kempinski (Appellate Division of the Supreme Court of New York 2000)
- Calcagno v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2000)
- Sainte-Aime v. Ho (Appellate Division of the Supreme Court of New York 2000)
- Lisa v. Pastor (Appellate Division of the Supreme Court of New York 1999)
- Calcagno v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1999)
- Guzman v. Paul Michael Management (Appellate Division of the Supreme Court of New York 1999)
- Logarzo v. D'AngelisHall (Appellate Division of the Supreme Court of New York 1998)
- Castano v. Synergy Gas Corp. (Appellate Division of the Supreme Court of New York 1998)
- Noble v. Ackerman (Appellate Division of the Supreme Court of New York 1998)
- Cacaccio v. Martin (Appellate Division of the Supreme Court of New York 1997)
- Mickelson v. Padang (Appellate Division of the Supreme Court of New York 1997)
- Merisca v. Alford (Appellate Division of the Supreme Court of New York 1997)
- Bauer v. Koch (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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Defendant presented sufficient evidence to demonstrate plaintiff did not sustain serious injury within the meaning of Insurance Law § 5102 (d) as a matter of law. Plaintiffs evidence proffered in opposition to defendant’s motion for summary judgment fails to establish a triable issue of fact concerning the permanency of the injuries alleged to constitute serious injury within the scope of Insurance Law § 5102 (d). Plaintiffs sole reliance upon allegations contained in his pleadings and bill of particulars to establish the permanent nature of his injuries is insufficient to defeat the prima facie showing made by defendant (see, Indig v Finkelstein, 23 NY2d 728, 729).
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.