Legal Opinion
Nix v. Yang Gao Xiang
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 2005PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Betty Owen Stinson, J-), entered May 27, 2004, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.
In this personal injury action that resulted from an automobile-pedestrian accident, the IAS court erred when it granted defendant’s summary judgment motion premised on the absence of a “serious injury” as defined by Insurance Law § 5102 (d), since he did not meet his burden of presenting competent evidence that plaintiff had not…
2Cases cited3 opinions
- Rodriguez v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1992
- Chatah v. IglesiasAppellate Division of the Supreme Court of the State of New York · 2004
- Diaz v. NunezAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by7 opinions
- Takahisa Onishi v. N & B Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Offman v. SinghAppellate Division of the Supreme Court of the State of New York · 2006
- Lamb v. RajinderAppellate Division of the Supreme Court of the State of New York · 2008
- Patterson v. RiveraAppellate Division of the Supreme Court of the State of New York · 2008
- Caballero v. Fev Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 2008
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