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