From Casetext: Smarter Legal Research

Matter of Schulz v. State of New York

Court of Appeals of the State of New York
Apr 1, 1992
79 N.Y.2d 955 (N.Y. 1992)

Summary

requiring more than "minor, mild or slight limitation of use" or the repetition of the word "permanent" in physician's affidavit

Summary of this case from Rambarrat v. U.S.

Opinion

Submitted March 23, 1992

Decided April 1, 1992

Appeal transferred, without costs, by the Court of Appeals sua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [ 2]; § 5 [b]; CPLR 5601 [b] [2]).


Judges SIMONS and ALEXANDER taking no part.


Summaries of

Matter of Schulz v. State of New York

Court of Appeals of the State of New York
Apr 1, 1992
79 N.Y.2d 955 (N.Y. 1992)

requiring more than "minor, mild or slight limitation of use" or the repetition of the word "permanent" in physician's affidavit

Summary of this case from Rambarrat v. U.S.

noting that defendants bear the initial burden of establishing that an injury is not "serious"

Summary of this case from Perpall v. Pavetek Corp.
Case details for

Matter of Schulz v. State of New York

Case Details

Full title:In the Matter of ROBERT L. SCHULZ et al., Appellants, v. STATE OF NEW YORK…

Court:Court of Appeals of the State of New York

Date published: Apr 1, 1992

Citations

79 N.Y.2d 955 (N.Y. 1992)
582 N.Y.S.2d 990
591 N.E.2d 1176

Citing Cases

Sant v. Iglesias

On a motion for summary judgment, the defendant has the initial burden of making a prima facie showing,…

Zodan v. Tucker

Within the particular context of a threshold motion which seeks dismissal of a personal injury complaint, the…