No. 122 SSM 8. Decided April 6, 2010. APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered May 7, 2009. The Appellate Division modified, on the law, an order of the Supreme Court, New York County (Deborah A. Kaplan, J), which had denied a motion by defendants for summary judgment dismissing the complaint. The modification consisted of granting the motion to the extent of dismissing plaintiffs claim that he sustained

12702 306222/09 09-11-2014 Marta Alvarez, Plaintiff-Appellant, v. NYLL Management Ltd., et al., Defendants-Respondents. Hallock & Malerba, P.C., Deer Park (James M. Sheridan, Jr. of counsel), for appellant. Baker, McEvoy, Morrissey & Moskowitz, P.C., Brooklyn (Marjorie E. Bornes of counsel), for respondents. Gonzalez , P.J., Sweeny, Moskowitz, Freedman, Kapnick, JJ. Hallock & Malerba, P.C., Deer Park (James M. Sheridan, Jr. of counsel), for appellant. Baker, McEvoy, Morrissey & Moskowitz, P.C., Brooklyn

2004-04320. December 5, 2005. In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated July 23, 2004, which granted the motion of the defendants Joseph J. Mandanici and Town of Islip and the separate motion of the defendant Lubin H. Perez for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance

No. 4052. January 13, 2011. Order, Supreme Court, New York County (George J. Silver, J.), entered April 29, 2010, which, insofar as appealed from as limited by the briefs, denied defendants' motion for summary judgment dismissing plaintiffs claim that he sustained a serious injury as defined by Insurance Law § 5102 (d) to include a significant limitation of use of a body function or system and/or a permanent consequential limitation of use of a body organ or member, unanimously affirmed, without

02-12-2015 Marta ALVAREZ, Appellant, v. NYLL MANAGEMENT LTD., et al., Respondents. The Law Offices of James M. Sheridan, Jr., P.C., Garden City (James M. Sheridan, Jr. of counsel), and Hallock & Malerba, P.C., Deer Park (Larry Hallock of counsel), for appellant. Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Colin F. Morrissey of counsel), for respondents. New York State Trial Lawyers Association, New York City (Michael S. Levine of counsel), for New York State Trial Lawyers Association, amicus

No. 2009-00631. February 2, 2010. In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County, dated January 12, 2009, which, upon an order of the same court (LaMarca, J.), dated November 24, 2008, made upon reargument and renewal, adhering to a prior determination in an order dated June 18, 2008, granting the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious

2005-08231. July 11, 2006. In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Dunne, J.), entered July 25, 2005, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Before: Florio, J.P., Santucci, Mastro, Rivera and Covello, JJ. Ordered that the order is affirmed, with costs. Although we affirm

No. 2010-09007. February 22, 2011. In an action to recover damages for personal injuries, the defendants American United Transportation, Inc., and Luis R. Santiago appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Sherman, J.), entered July 28, 2010, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law

521579. 03-10-2016 Marsha J. SHEA et al., Appellants, v. Steven C. IVES et al., Respondents.   Tabner, Ryan & Keniry, LLP, Albany (Thomas R. Fallati of counsel), for appellants. Law Office of Theresa J. Puleo, Albany (Shannon K. Starowicz of counsel), for respondents. McCARTHY, J.P. Tabner, Ryan & Keniry, LLP, Albany (Thomas R. Fallati of counsel), for appellants. Law Office of Theresa J. Puleo, Albany (Shannon K. Starowicz of counsel), for respondents. Opinion McCARTHY, J.P. Appeal from an