Legal Opinion
McFadden v. Barry
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 2009Published
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Saitta, J.), dated October 23, 2008, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff Shakeelah McFadden did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, without costs or disbursements.
The defendants failed to meet their prima facie burden of showing that the injured plaintiff did not sustain a serious injury within the meaning of Insurance…
2Cases cited5 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Staubitz v. YaserAppellate Division of the Supreme Court of the State of New York · 2007
- Delayhaye v. Caledonia Limo & Car Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Ali v. RiveraAppellate Division of the Supreme Court of the State of New York · 2008