Legal Opinion
Rivera v. Super Star Leasing, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 2008PublishedCited by 13 opinions
1Opinion of the Court
Defendants, through the affirmed reports of a radiologist, orthopedic surgeon and neurologist, made a prima facie showing of entitlement to summary judgment regarding plaintiffs claim of serious injury on the theory of “permanent consequential limitation of use of a body organ or member” (Insurance Law § 5102 [d]).
However, plaintiffs expert raised a triable issue of fact on this theory of serious injury. Plaintiffs expert, who reviewed the relevant medical records and examined plaintiff as recently as September 2007, provided both quantitative and qualitative range of motion limitations in…
2Cases cited4 opinions
- Gonzalez v. VasquezAppellate Division of the Supreme Court of the State of New York · 2003
- Garner v. TongAppellate Division of the Supreme Court of the State of New York · 2006
- Largotta v. Recife Realty Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Loesburg v. JovanovicAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by13 opinions
- Clemmer v. Drah Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Evans v. United StatesDistrict Court, E.D. New York · 2013
- Byong Yol Yi v. CanelaAppellate Division of the Supreme Court of the State of New York · 2010
- Dennis v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Frias v. Gonzalez-VargasAppellate Division of the Supreme Court of the State of New York · 2017
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