RIVERA v. FERNANDEZ & ULLOA AUTO GROUP

No. 183 SSM 13

25 N.Y.3d 1222 (2015)

37 N.E.3d 1159

16 N.Y.S.3d 515

2015 NY Slip Op 06689

RICHARD RIVERA et al., Appellants, v. FERNANDEZ & ULLOA AUTO GROUP et al., Respondents.

Court of Appeals of New York.

Decided August 27, 2015.


Attorney(s) appearing for the Case

The Law Office of Judah Z. Cohen, PLLC, Woodmere ( Judah Z. Cohen of counsel), for appellants.

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 curiae.

Concur: Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY.


OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. The Appellate Division correctly concluded that plaintiff failed to raise a triable issue of fact as to whether he suffered a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the underlying motor vehicle...

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