Legal Opinion
Khaimov v. Fan
Appellate Division of the Supreme Court of the State of New York
Decided September 20, 2011PublishedCited by 1 opinion
1Opinion of the Court
*1056The defendant met his prima facie burden of establishing 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, 956-957 [1992]). The plaintiff alleged, inter alia, that the cervical region of his spine sustained certain injuries as a result of the subject accident. The defendant provided, inter alia, competent medical evidence establishing, prima facie, that those alleged injuries did not constitute a serious injury within the…
2Cases cited6 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Pommells v. PerezNew York Court of Appeals · 2005
- Rodriguez v. HuerfanoAppellate Division of the Supreme Court of the State of New York · 2007
- Dixon v. FullerAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by1 opinion
- Young Chool Yoo v. Rui Dong WangAppellate Division of the Supreme Court of the State of New York · 2011