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Civil Court of the City of New York, Queens County, April 12, 2004
APPEARANCES OF COUNSEL
Agen & Stenz, Westbury (Stuart M. Kurland of counsel), for Albert Sun, defendant. John P. Humphreys, Melville (Christopher G. Gamrat and John P. Moroney of counsel), for Joshua Tauber, defendant. Paganini, Herling, Cioci & Cusumano, Lake Success (Edward Lebeaux of counsel), for Stephen Vingiello, defendant. Nicolini, Paradise, Ferretti & Sabella, Mineola (John J. Nicolini of counsel), for Lucy Bilka, defendant. Isaacson, Schiowitz, Korson & Solny, LLP, New York City (Martin Schiowitz of counsel), for plaintiff.
{**3 Misc 3d at 850} OPINION OF THE COURT
Charles J. Markey, J.
A dog is known as "man's best friend." The present case demonstrates that, in American culture, at least, the feelings of affection and loyalty are amply reciprocated. The effort to avoid hitting a stray canine that was wandering on a major New York City highway led to a five-car pileup. The multiple summary judgment motions at issue in this case now try to allocate the financial consequences of our love and protection of canines. The dog apparently escaped uninjured, but the plaintiff claims that he sustained "serious injury," several novel issues of which are the principal focus of this opinion.
Specifically, at issue in this case are the questions, starting to gain increasing attention, of whether lost exercise and recreational opportunities are compensable as a "serious injury" under Insurance Law

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