Legal Opinion

Mensah v. Badu

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

Decided December 15, 2009PublishedCited by 7 opinions

1Opinion of the Court

The defendants met their prima facie burden of 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 (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350-351 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, the plaintiff failed to raise a triable issue of fact.

The plaintiff’s hospital records were not in proper form because they were uncertified (see Mejia v DeRose, 35 AD3d 407 [2006]). Consequently, they were insufficient to raise a triable issue of fact.

The affidavits of Dr. Jason S.…

2Cases cited18 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Gaddy v. EylerNew York Court of Appeals · 1992
  3. Pommells v. PerezNew York Court of Appeals · 2005
  4. Sainte-Aime v. HoAppellate Division of the Supreme Court of the State of New York · 2000
  5. Mejia v. DeRoseAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by7 opinions

  1. Il Chung Lim v. ChrabaszczAppellate Division of the Supreme Court of the State of New York · 2012
  2. Keith v. DuvalAppellate Division of the Supreme Court of the State of New York · 2010
  3. Brun v. FarninghamAppellate Division of the Supreme Court of the State of New York · 2017
  4. Irizarry v. LindorAppellate Division of the Supreme Court of the State of New York · 2013
  5. Irizarry v. LindorAppellate Division of the Supreme Court of the State of New York · 2013

2 more not listed; retrieve them via the Exa API.

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