Legal Opinion

Toussaint v. Claudio

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

Decided November 17, 2005PublishedCited by 9 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered June 9, 2004, which granted defendant’s motion for summary judgment dismissing the complaint for failure to establish serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion insofar as plaintiff’s claim of serious injury is predicated upon allegations that he sustained a nonpermanent injury in the subject automobile accident which incapacitated him for 90 of the 180 days immediately following the accident, and the complaint reinstated to that extent, and…

2Cases cited4 opinions

  1. Pommells v. PerezNew York Court of Appeals · 2005
  2. Burford v. FabrizioAppellate Division of the Supreme Court of the State of New York · 2004
  3. Loesburg v. JovanovicAppellate Division of the Supreme Court of the State of New York · 1999
  4. Agramonte v. MarvinAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by9 opinions

  1. Quinones v. KsieniewiczAppellate Division of the Supreme Court of the State of New York · 2011
  2. Feaster v. BoulabatAppellate Division of the Supreme Court of the State of New York · 2010
  3. Thompson v. RamnarineAppellate Division of the Supreme Court of the State of New York · 2007
  4. Lopez v. GeraldinoAppellate Division of the Supreme Court of the State of New York · 2006
  5. Alexander v. GarciaAppellate Division of the Supreme Court of the State of New York · 2007

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