Legal Opinion

Kearse v. New York City Transit Authority

Appellate Division of the Supreme Court of the State of New York

Decided January 31, 2005PublishedCited by 185 opinions

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

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Sainte-Aime v. HoAppellate Division of the Supreme Court of the State of New York · 2000
  3. Pagano v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1992
  4. Mariaca-Olmos v. MizrhyAppellate Division of the Supreme Court of the State of New York · 1996
  5. Chaplin v. TaylorAppellate Division of the Supreme Court of the State of New York · 2000

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3Cited by185 opinions

  1. Hutchinson v. Sheridan Hill House Corp.New York Court of Appeals · 2015
  2. Richards v. TysonAppellate Division of the Supreme Court of the State of New York · 2009
  3. Tapia v. Dattco, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Mejia v. DeRoseAppellate Division of the Supreme Court of the State of New York · 2006
  5. Roman v. Fast Lane Car Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

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