Legal Opinion
Jimenez v. Polanco
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2011PublishedCited by 6 opinions
1Opinion of the Court
Defendants established their entitlement to judgment as a matter of law. They submitted the affirmed reports of expert physicians showing that plaintiff’s injuries were the result of preexisting and degenerative conditions (see Pommells v Perez, 4 NY3d 566, 580 [2005]). Defendants also submitted evidence showing that plaintiff was involved in another car accident years before the subject accident for which she brought a lawsuit and alleged injuries similar to those set forth in this action (see Becerril v Sol Cab Corp., 50 AD3d 261 [2008]).
In opposition, plaintiff failed to raise a triable…
2Cases cited4 opinions
- Pommells v. PerezNew York Court of Appeals · 2005
- Becerril v. Sol Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Reyes v. EsquilinAppellate Division of the Supreme Court of the State of New York · 2008
- Moses v. Gelco Corp.Appellate Division of the Supreme Court of the State of New York · 2009
3Cited by6 opinions
- Barry v. AriasAppellate Division of the Supreme Court of the State of New York · 2012
- Rampersaud v. EljamaliAppellate Division of the Supreme Court of the State of New York · 2012
- Bravo v. MartinezAppellate Division of the Supreme Court of the State of New York · 2013
- Bravo v. MartinezAppellate Division of the Supreme Court of the State of New York · 2013
- Harvey v. New York Foundling Hosp.Appellate Division of the Supreme Court of the State of New York · 2026
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