Cruz v. Fanoush 183 N.Y.S.3d 320 (Mem), (N.Y. App. Div. 2d Dept. 2023)

The plaintiff commenced a personal injury action following a motor vehicle accident. The plaintiff moved for summary judgment on the issues of liability and whether he sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the accident. The trial court denied the plaintiff’s motion.

The Supreme Court of New York, Appellate Division affirmed, noting that, at the time the plaintiff moved for summary judgment, no depositions or independent medical examinations had been conducted. The court opined that the defendants were entitled to discovery as to the extent of the plaintiff’s injuries and the circumstances surrounding the accident. Therefore, the motion was premature.