Eusebio v. Yannetti
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant met her 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 Eyler, 79 NY2d 955, 956-957 [1992]). In opposition to the defendant’s motion, the plaintiff principally relied on the affidavit of her treating chiropractor Dr. Nicholas Martin. In that affidavit, Dr. Martin opined, based upon his contemporaneous and most recent examinations of the plaintiff and his review of the plaintiff’s affirmed magnetic…
2Cases cited8 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
- Williams v. ClarkAppellate Division of the Supreme Court of the State of New York · 2008
- Casey v. Mas Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
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3Cited by6 opinions
- Whitehead v. OlsenAppellate Division of the Supreme Court of the State of New York · 2010
- Bachan v. ParatransitAppellate Division of the Supreme Court of the State of New York · 2010
- Vaco v. ArellanoAppellate Division of the Supreme Court of the State of New York · 2010
- Klejdi Dizdari v. Cheun ChhonAppellate Division of the Supreme Court of the State of New York · 2010
- Pearce v. Olivera-PuertoAppellate Division of the Supreme Court of the State of New York · 2010
1 more not listed; retrieve them via the Exa API.