United States Second Circuit

In an action alleging serious injury sustained during an automobile accident within the meaning of New York Insurance Law section 5102(d), summary judgment for defendants is affirmed in part where the district court's exercise of jurisdiction was proper. However, the order is vacated in part where, taken together with plaintiff's subjective evidence as to the impact of the injury on her functioning, plaintiff's medical evidence was sufficient to raise a question of fact issue as to serious injury pursuant to N.Y. Ins. Law section 5104(a).

Appellate Information

• Decided 08/30/2010
• Published 08/30/2010

Judges

• Array

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David S. Ratner, Richard E. Lerner