Legal Opinion

Little v. Ajah

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

Decided July 25, 2012Published

1Opinion of the Court

*802The Supreme Court determined that the defendants failed to meet their prima facie burden of showing that the plaintiff Dwayne Little (hereinafter the injured plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident. We agree, albeit on grounds different from those upon which the Supreme Court relied.

In support of their motion for summary judgment dismissing the complaint insofar as asserted by the injured plaintiff, based on the issue of serious injury, the defendants relied upon, inter alia, the affirmed medical report of…

2Cases cited9 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Coscia v. 938 Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  3. Cues v. TavaroneAppellate Division of the Supreme Court of the State of New York · 2011
  4. Scott v. GresioAppellate Division of the Supreme Court of the State of New York · 2011
  5. Edouazin v. ChamplainAppellate Division of the Supreme Court of the State of New York · 2011

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