Case Results

Successful defense of motion to dismiss

Richmond County Supreme Court, Index # 100099/09

Rosenberg & Rodriguez, representing an injured plaintiff, successfully defeated the defendants’ motion to dismiss the plaintiff’s case.

The defendants made a motion before the Richmond County Supreme Court to dismiss the plaintiff’s case arguing that she had failed to sustain a “serious injury” as that term is defined by the NYS Insurance Law. The defendants contended that the plaintiff’s injury were minor and had fully resolved thereby warranting dismissal of her personal injury lawsuit.

R&R opposed the defendants’ motion and demonstrated that sufficient evidence existed to allow the case to proceed to trial, thereby defeating defendants’ motion to dismiss. The case is on going and the trial is expected for later this year in the Richmond County Supreme Court.