Legal Opinion
Toure v. Avis Rent a Car Systems, Inc.
New York Court of Appeals
Decided July 9, 2002PublishedCited by 2,673 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
These three cases examine the nature and extent of qualitative, objective medical proof necessary for a plaintiff to meet the “serious injury” threshold under the No-Fault Law. We conclude that plaintiffs Toure and Manzano have satisfied their burden under Insurance Law § 5102 (d), 1 but plaintiff Nitti has not.
This Court has long recognized that the “legislative intent underlying the No-Fault Law was to weed out frivolous claims and limit recovery to significant injuries” (Dufel v Green, 84 NY2d 795, 798 [1995]; see also Licari v Elliott, 57 NY2d 230, 234-235…
2Cases cited13 opinions
- Gaddy v. EylerNew York Court of Appeals · 1992
- Licari v. ElliottNew York Court of Appeals · 1982
- Hambsch v. New York City Transit AuthorityNew York Court of Appeals · 1984
- Scheer v. KoubekNew York Court of Appeals · 1987
- Dufel v. GreenNew York Court of Appeals · 1995
8 more not listed; retrieve them via the Exa API.
3Cited by2,673 opinions
- DiProspero v. PennSupreme Court of New Jersey · 2005
- Pommells v. PerezNew York Court of Appeals · 2005
- Perl v. MeherNew York Court of Appeals · 2011
- Che Hong Kim v. KossoffAppellate Division of the Supreme Court of the State of New York · 2011
- Maria De Lourdes Torres v. Police Officer JonesNew York Court of Appeals · 2016
2,668 more not listed; retrieve them via the Exa API.