Gana Weinstein LLP’s appellate practice has secured a unanimous ruling in the New York Appellate Division First Department reversing summary judgment entered by the Supreme Court of New York. The case is entitled Prince v. Lovelace, Index Number 304424/2011.
On February 7, 2013, Judge Barbato of the Supreme Court, Bronx County, granted Defendant-Appellee’s motion for summary judgment dismissing a personal injury action. The lower court held that plaintiff did not suffer a serious injury within the meaning of Insurance Law Section 5102(d). The Appellate Division, through Judges Tom, Friedman, Acosta, Andrias and Richter, held that Defendant-Appellee failed to establish that plaintiff did not suffer a serious injury. The Court ruled that even if defendant made a showing, plaintiff raised an issue of fact requiring trial by proffering the report of his treating physician. The treating physician opined, based on his review of the records, operative findings and plaintiff’s history, that plaintiff suffered an injury causally related to the accident and that he suffered permanent limitations in range of motion and other symptoms.
“We are very pleased with the result,” said Adam Gana, managing partner of the firm, “its always hardest to reverse lower court decisions, and to do so unanimously is a testament to the excellent briefing of our staff.” The case will now be sent back to the lower court for trial.