Legal Opinion

Haber v. Ullah

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

Decided January 19, 2010PublishedCited 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 [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

  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. Grasso v. AngeramiNew York Court of Appeals · 1991
  5. Sainte-Aime v. HoAppellate Division of the Supreme Court of the State of New York · 2000

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3Cited by7 opinions

  1. Lively v. FernandezAppellate Division of the Supreme Court of the State of New York · 2011
  2. Catalano v. KopmannAppellate Division of the Supreme Court of the State of New York · 2010
  3. Vasquez v.John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010
  4. Diaz v. ChaudhryAppellate Division of the Supreme Court of the State of New York · 2012
  5. 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.

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