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Recent Decisions

Graves Defense Is Rejected in Fatal Highway Accident Widower Wins Judgment Where Truck’s Lessor, Driver’s Employer Are ‘Affiliates’ Under Graves.

Stratton’s wife Julie was killed when her disabled car was struck by a tractor-trailer-owned by Great River Leasing Inc. (GRLI)-driven by Wallace. Stratton’s lawsuit named GRLI, Wallace’s employer Millis Transfer Inc., and their corporate parent Midwest Holding Group Inc. Both Michael and GRLI-which has no paid employees and operates exclusively as a vehicle and trailer […]

Movants Fail to Address Claim of Injury, Fail to Meet Prima Facie Burden; Dismissal Denied

Movants sought summary judgment dismissal, arguing Chenault did not show her injuries met the serious injury threshold under Insurance Law 5102(d). Cruz and Suriel moved for summary judgment dismissal on the same ground, but were denied. They also sought dismissal arguing Chenault failed to establish they were liable for the accident, and the unopposed motion […]

Landowner Had No Constructive Notice of Icy Condition; Dismissal if Injury Suit Granted

Villa Roma Resort & Conference Center (VRRCC) moved for dismissal of plaintiffs’ motion to recover for personal injuries allegedly sustained when Incantalupo slipped and fell on snow and ice at VRRCC. Plaintiff argued the accident occurred as a result of VRCC’s negligence in carelessly permitting a walkway to a parking lot to accumulate snow covered […]

Whether Pain Constituted a Serious Injury A Question of Fact for Jury; Dismissal Denied

Lamb moved for summary judgment dismissing Henderson’s complaint arguing he failed to establish a serious injury under Insurance Law §5102(d) after allegedly sustaining injuries in a motor vehicle collision. Henderson claimed the injuries hindered him from participating in recreational activities and carrying out daily activities without experiencing pain or discomfort. Lamb argued Henderson did not […]

Defendants Granted Dismissal of Personal Injury Suit as No “Serious Injury” Sustained

Passenger Fattal alleged that she sustained personal injuries in a car accident while in a cab that was rear-ended by co-defendant’s taxi. Varaitch moved to dismiss the complaint alleged Fattal did not sustain a “serious injury” as defined by Insurance Law §5102(d). Fattal served an unrelated cross-motion for summary judgment on the issue of liability. […]