Legal Opinion

Mena v. White City Car & Limo Inc.

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

Decided May 6, 2014PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about December 24, 2012, which granted defendants’ motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendants made a prima facie showing with respect to plaintiff’s claims of injury to his neck, back and shoulder by submitting a radiologist’s affirmed reports asserting that plaintiff’s injuries were degenerative in nature (see Arroyo v Morris, 85 AD3d 679, 680 [1st Dept 2011]). Defendants’…

2Cases cited4 opinions

  1. Williams v. Baldor Specialty Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Paduani v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2012
  3. Arroyo v. MorrisAppellate Division of the Supreme Court of the State of New York · 2011
  4. Levinson v. MollahAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by4 opinions

  1. De La Rosa v. OkwanAppellate Division of the Supreme Court of the State of New York · 2017
  2. Khan v. Goldmag Hacking Corp.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Jackson v. DoeAppellate Division of the Supreme Court of the State of New York · 2019
  4. Latus v. IshtarqAppellate Division of the Supreme Court of the State of New York · 2018

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