Legal Opinion

Park v. Orellana

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

Decided March 18, 2008PublishedCited by 12 opinions

1Opinion of the Court

*722The defendant made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident, by submitting the affirmed medical report of his examining physician and copies of the plaintiffs deposition testimony (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350-351 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]; Moore v Edison, 25 AD3d 672 [2006]).

In opposition, the evidence submitted by the plaintiff failed to raise a triable issue of fact as to whether he sustained a serious injury in the nature of a…

2Cases cited10 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Gaddy v. EylerNew York Court of Appeals · 1992
  3. Murray v. HartfordAppellate Division of the Supreme Court of the State of New York · 2005
  4. Amato v. Fast Repair Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Ali v. MirshahAppellate Division of the Supreme Court of the State of New York · 2007

5 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Evans v. United StatesDistrict Court, E.D. New York · 2013
  2. Niles v. Lam Pakie HoAppellate Division of the Supreme Court of the State of New York · 2009
  3. Rivera v. Bushwick Ridgewood Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Diaz v. LoprestiAppellate Division of the Supreme Court of the State of New York · 2008
  5. Ciancio v. NolanAppellate Division of the Supreme Court of the State of New York · 2009

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API