1. Home
  2. Browse Decisions
  3. NY
  4. 2009 NY
  5. 2009 NY Slip Op 06421
 

SWED v. PENA

2009-03175.

2009 NY Slip Op 06421

JACK SWED, respondent, v. MANUEL PENA, ET AL., appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 8, 2009.

Attorney(s) appearing for the Case

Baker, McEvoy, Morrissey & Moskovits, P.C., New York, N.Y. (Stacy R. Seldin of counsel), for appellants.

Wittenstein & Associates, P.C., Brooklyn, N.Y. (Harlan Wittenstein of counsel), for respondent.

Before: William F. Mastro, J.P., Steven W. Fisher, Howard Miller, Thomas A. Dickerson, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the appeal is dismissed as academic, with costs.

The defendants appeal from so much of the Supreme Court's order as denied those branches of their motion which were for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury because he did not sustain a "permanent consequential limitation of use" or "significant limitation of use" under Insurance Law § 5102 (d). However...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases