Legal Opinion
Blackmon v. Dinstuhl
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 2006PublishedCited by 12 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered December 30, 2004, which granted defendants’ motions for summary judgment and dismissed the complaint as to all defendants, unanimously affirmed, without costs.
*242Defendants met their burden of presenting objective medical evidence that the injured plaintiff had not suffered a serious physical injury as defined in Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]). Plaintiffs failed to meet their burden, in turn, of supporting the claim of serious injury by producing objective, contemporaneous and…
2Cases cited4 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Licari v. ElliottNew York Court of Appeals · 1982
- Phillips v. Bronx Lebanon HospitalAppellate Division of the Supreme Court of the State of New York · 2000
- Toulson v. Young Han PaeAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by12 opinions
- Salman v. RosarioAppellate Division of the Supreme Court of the State of New York · 2011
- Addo v. MelnickAppellate Division of the Supreme Court of the State of New York · 2009
- Alloway v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2009
- Cartha v. QuinnAppellate Division of the Supreme Court of the State of New York · 2008
- Concepcion v. WalshAppellate Division of the Supreme Court of the State of New York · 2007
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