Legal Opinion
Edwards v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 2005PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the *629defendant appeals from an order of the Supreme Court, Kings County (Jacobson, J.), dated November 14, 2003, which denied its motion for summary judgment dismissing the complaint on the ground that the plaintiff Gerald Edwards did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, without costs or disbursements.
Where a defendant fails to meet its initial burden of establishing a prima facie case, it becomes unnecessary to consider whether the plaintiffs’ papers in…
2Cases cited7 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Coscia v. 938 Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Mariaca-Olmos v. MizrhyAppellate Division of the Supreme Court of the State of New York · 1996
- Chaplin v. TaylorAppellate Division of the Supreme Court of the State of New York · 2000
- Black v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Beyel v. ConsoleAppellate Division of the Supreme Court of the State of New York · 2006
- DeJesus v. TanenbaumAppellate Division of the Supreme Court of the State of New York · 2006
- Russo v. CookeAppellate Division of the Supreme Court of the State of New York · 2006