Fallon Mulerman-Orer Wins Summary Judgment In Bronx County

On March 23, 2017, Fallon Mulerman-Orer won summary judgment dismissing the plaintiff’s complaint in Bustamante v. Ferran, Index No. 23652/2014 (Supreme Court, Bronx County). The plaintiff alleged that while he was a pedestrian crossing in a cross-walk, he was struck by the defendants’ vehicle and sustained injuries to his back, both hips and both elbows. Ms. Mulerman-Orer argued that the plaintiff’s injuries were pre-existing and degenerative in nature. The Court dismissed the plaintiff’s case finding that the plaintiff’s injuries did not meet the “serious injury” threshold of Insurance Law § 5102(d).