A complainant urges, without seeming precedent, that the converse is also justified. That, when, as a matter of law, the threshold has been reached, under one or more of the definitions of the Insurance Law, that courts are under a similar obligation to remove the question of threshold compliance, from…
A woman moves in accordance to the Insurance Law of the State of New York for an order granting her summary judgment on the ground that the complainant man did not sustain a serious injuryin the subject accident as defined by New York State Insurance Law. The complainant opposes the…
The action arises from a motor vehicle accident involving a collision between a 2009 BMW 328 owned by defendant Brea and operated by defendant Baez and a 2008 Honda Accord owned by defendant Salvatore J. Romano (“S. R.”) and operated by defendant Robert J. Romano (“R.R.”). Plaintiff Lutzky was a…
The opponent’s motion seeking an order granting summary judgment pursuant to the Criminal Procedure Law and dismissing the victim’s complaint on the grounds that the victim’s injuries do not satisfy the serious injury threshold requirement of Insurance Law, and thus the complaint for non-economic loss is barred by Insurance Law…