Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

SANDRA HAZEL, plf-res, v. THOMAS A. COLON, JR. def-ap

186. SANDRA HAZEL, plf-res, v. THOMAS A. COLON, JR. def-ap — Conway, Farrell, Curtin & Kelly, P.C., New York (Jonathan T. Uejio of counsel), for ap — Jacoby & Meyers, LLP, Newburgh (Lawrence D. Lissauer of counsel), for res — Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered May 1, 2014, which, insofar as appealed from as limited by the briefs, denied defendants' motion for summary judgment dismissing the complaint for failure to address the issue of a 90/180-day serious injury under Insurance Law §5102(d), unanimously affirmed, without costs.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

186. SANDRA HAZEL, plf-res, v. THOMAS A. COLON, JR. def-ap — Conway, Farrell, Curtin & Kelly, P.C., New York (Jonathan T. Uejio of counsel), for ap — Jacoby & Meyers, LLP, Newburgh (Lawrence D. Lissauer of counsel), for res — Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered May 1, 2014, which, insofar as appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the complaint for failure to address the issue of a 90/180-day serious injury under Insurance Law §5102(d), unanimously affirmed, without costs.

Defendants correctly contend that they addressed plaintiff’s claim of a serious injury in the 90/180-day category. Moreover, they established prima facie that plaintiff did not sustain a serious injury of that type by submitting evidence that the injuries she allegedly sustained were not caused by the motor vehicle accident. Plaintiff’s own medical records showed that she had preexisting injuries to her cervical and lumbar spines resulting from earlier work-related accidents, and defendants’ orthopedic surgeon opined that plaintiff’s right knee injury was degenerative and not traumatic in nature (see Chaston v. Doucoure, 125 AD3d 500 [1st Dept 2015]; Galarza v. J.N. Eaglet Publ. Group, Inc., 117 AD3d 488 [1st Dept 2014]; Santos v. Perez, 107 AD3d 572 [1st Dept 2013]).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Associate

We re a Business Law firm looking to hire an experienced Associate Attorney for our litigation and transactional practices. We have offices ...


Apply Now ›
Deputy District Attorney I/II/III

Salary: $81,785.60 - $131,414.40 Annually Description: The Deputy District Attorney I/II/III performs a variety of professional legal wor...


Apply Now ›
Senior Attorney - Employment and Labor- New York

NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY Invites applications for the position of:Senior Attorney - Employment and LaborThe New York ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements