Mensah v. Badu
Appellate Division of the Supreme Court of the State of New York
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
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Pommells v. PerezNew York Court of Appeals · 2005
- Sainte-Aime v. HoAppellate Division of the Supreme Court of the State of New York · 2000
- Mejia v. DeRoseAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by7 opinions
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- Irizarry v. LindorAppellate Division of the Supreme Court of the State of New York · 2013
- Irizarry v. LindorAppellate Division of the Supreme Court of the State of New York · 2013
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