18 Cited authorities

  1. Toure v. Avis Rent A Car Systems, Inc.

    98 N.Y.2d 345 (N.Y. 2002)   Cited 4,521 times
    Holding that MRI tests showing injury and muscle spasms support finding of serious injury under New York law
  2. Plaut v. Spendthrift Farm, Inc.

    514 U.S. 211 (1995)   Cited 792 times   7 Legal Analyses
    Holding legislated invalidation of final judgments to be categorically unconstitutional
  3. Perl v. Meher

    2011 N.Y. Slip Op. 8452 (N.Y. 2011)   Cited 871 times
    Holding evidence established genuine issue of material fact as to whether physician's specific, numerical range of motion measurements of cervical and lumbar spines, made several years after automobile accident, demonstrated plaintiff suffered from a serious injury precluding summary judgment where initial examination of the plaintiff shortly after the accident showed difficulty moving and diminished strength in cervical and lumbar spines
  4. Licari v. Elliott

    57 N.Y.2d 230 (N.Y. 1982)   Cited 2,465 times
    Holding that plaintiff did not sustain a "significant Limitation of use of a body function or system" where plaintiff sustained a concussion, acute cervical sprain, acute dorsal lumbar sprain, and chest contusion; plaintiff offered no evidence as to the extent of limitation of movement and at most established that he had suffered a painful sprain which limited his back and neck motion somewhat
  5. Bates v. United States

    522 U.S. 23 (1997)   Cited 203 times   2 Legal Analyses
    Holding that courts “ordinarily” should “resist reading words or elements into a statute that do not appear on its face.”
  6. Montgomery v. Daniels

    38 N.Y.2d 41 (N.Y. 1975)   Cited 366 times
    Upholding New York no fault statute
  7. Matott v. Ward

    48 N.Y.2d 455 (N.Y. 1979)   Cited 320 times
    Discussing formulation of medical expert's opinion regarding causation, and holding that the issue of causation was properly presented to the jury although the expert testified that he could not say with certainty that car accident was sole cause of plaintiff's condition
  8. People v. Finnegan

    85 N.Y.2d 53 (N.Y. 1995)   Cited 201 times
    In Finnegan, the Court of Appeals refused to read into another section of the VTL a requirement that the police affirmatively take certain steps, reasoning that because the Legislature did not impose such an obligation, the courts should not do so in the Legislature's place. Finnegan, 647 N.E.2d at 760-761.
  9. Alvarez v. Nyll Mgmt. Ltd.

    120 A.D.3d 1043 (N.Y. App. Div. 2014)   Cited 79 times

    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

  10. In re Maron

    2008 N.Y. Slip Op. 8573 (N.Y. 2010)   Cited 63 times
    Finding link between legislative and judicial pay increases unconstitutional under New York state constitution