Kearse v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Crane, J.
This case presents the familiar question of whether the defendants on a motion for summary judgment have satisfied their prima facie burden of establishing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Just what evidence satisfies this burden has proven elusive, resulting in clarification by the Court of Appeals in more than one case (see e.g. Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]). We take the opportunity in this case to shed some light on but one aspect of this issue: the effect of the passing…
2Cases cited42 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Sainte-Aime v. HoAppellate Division of the Supreme Court of the State of New York · 2000
- Pagano v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1992
- Mariaca-Olmos v. MizrhyAppellate Division of the Supreme Court of the State of New York · 1996
- Chaplin v. TaylorAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by185 opinions
- Hutchinson v. Sheridan Hill House Corp.New York Court of Appeals · 2015
- Richards v. TysonAppellate Division of the Supreme Court of the State of New York · 2009
- Tapia v. Dattco, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Mejia v. DeRoseAppellate Division of the Supreme Court of the State of New York · 2006
- Roman v. Fast Lane Car Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
180 more not listed; retrieve them via the Exa API.