Haber v. Ullah
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 [2002]; Gaddy v *797Eyler, 79 NY2d 955, 956-957 [1992]; see also Kearse v New York City Tr. Auth., 16 AD3d 45, 49-50 [2005]). In opposition, the plaintiff failed to raise a triable issue of fact. The medical submissions of Dr. Donald M. Kastenbaum were insufficient to raise a triable issue of fact since they were unaffirmed (see Grasso v Angerami, 79 NY2d 813…
2Cases cited15 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
- Grasso v. AngeramiNew York Court of Appeals · 1991
- Sainte-Aime v. HoAppellate Division of the Supreme Court of the State of New York · 2000
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lively v. FernandezAppellate Division of the Supreme Court of the State of New York · 2011
- Catalano v. KopmannAppellate Division of the Supreme Court of the State of New York · 2010
- Vasquez v.John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010
- Diaz v. ChaudhryAppellate Division of the Supreme Court of the State of New York · 2012
- Stevens v. SampsonAppellate Division of the Supreme Court of the State of New York · 2010
2 more not listed; retrieve them via the Exa API.