Legal Opinion

Marshall v. Albano

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

Decided April 6, 1992PublishedCited by 40 opinions

1Opinion of the Court

In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated May 24, 1990, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

We agree with the defendant’s contention that the plaintiff failed to establish a prima facie case that he sustained a "serious injury” within the meaning of Insurance Law § 5102 (d). The affidavit of the plaintiff’s treating physician, dated over two years after the accident, indicates that the…

2Cases cited3 opinions

  1. Licari v. ElliottNew York Court of Appeals · 1982
  2. Waldman v. Dong Kook ChangAppellate Division of the Supreme Court of the State of New York · 1991
  3. Palmer v. AmakerAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by40 opinions

  1. Jackson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  2. Medina v. Zalmen Reis & Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Jimenez v. KambliAppellate Division of the Supreme Court of the State of New York · 2000
  4. Dimenshteyn v. CarusoAppellate Division of the Supreme Court of the State of New York · 1999
  5. Pierre v. NantonAppellate Division of the Supreme Court of the State of New York · 2001

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