Legal Opinion

Morales v. New York City Transit Authority

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

Decided October 22, 2001PublishedCited by 4 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated September 15, 2000, which denied its motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant’s motion for summary judgment, as it failed to establish a prima facie case that the plaintiff did not sustain a serious injury within the meaning of…

2Cases cited8 opinions

  1. Gaddy v. EylerNew York Court of Appeals · 1992
  2. Mariaca-Olmos v. MizrhyAppellate Division of the Supreme Court of the State of New York · 1996
  3. Chaplin v. TaylorAppellate Division of the Supreme Court of the State of New York · 2000
  4. Moore v. TappenAppellate Division of the Supreme Court of the State of New York · 1997
  5. Papadonikolakis v. First Fidelity Leasing Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

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3Cited by4 opinions

  1. Joseph v. HamptonAppellate Division of the Supreme Court of the State of New York · 2008
  2. Villavicencio v. MielesAppellate Division of the Supreme Court of the State of New York · 2004
  3. Gerson v. C.L.S. Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Lopez v. NandanAppellate Division of the Supreme Court of the State of New York · 2003

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