This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Raymond J. Dearie (See Profile) held that plaintiff’s claims of “serious injury” under New York Insurance Law §5102(d) were sufficient to defeat summary judgment. Judge I. Leo Glasser (See Profile) found that certain recorded conversations between a cooperating witness and another person would be inadmissible hearsay at defendant’s trial. Judge Joseph F. Bianco (See Profile) held that plaintiff’s Section 1983 claims were barred by the Eleventh Amendment and the Rooker-Feldman doctrine. And Judge Denis R. Hurley(See Profile) dealt with sanctions for fees and costs, and apportionment of liability, among plaintiff and his two counsel, in connection with a frivolous appeal to the Second Circuit.
‘Serious Injury’
In Baytsayeva v. Shapiro, 09 CV 4874 (EDNY, Jan. 20, 2012), Judge Dearie denied defendants’ motion for summary judgment, finding triable issues concerning whether plaintiff suffered “serious injury” within the meaning of New York Insurance Law §5102(d).
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