Aujour v. Singh
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant failed to meet his prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-657 [1992]). In her bill of particulars, the plaintiff alleged that she had sustained a medically determined injury or impairment of a nonpermanent nature which prevented her from performing substantially all of the material acts which constituted her usual and customary activities for not less than 90 days…
2Cases cited10 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- DeVille v. BarryAppellate Division of the Supreme Court of the State of New York · 2007
- Mugno v. JuranAppellate Division of the Supreme Court of the State of New York · 2011
- Takaroff v. A.M. USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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3Cited by13 opinions
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- Jackson v. DrazAppellate Division of the Supreme Court of the State of New York · 2012
- Katechis v. BatistaAppellate Division of the Supreme Court of the State of New York · 2012
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