Legal Opinion
Ken Fea Yung v. Eager
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 2008PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Giacomo, J.), entered June 7, 2007, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is denied.
The defendants failed to meet their prima facie burden of showing that neither the plaintiff…
2Cases cited6 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Sayers v. HotAppellate Division of the Supreme Court of the State of New York · 2005
- Torres v. Performance Automobile Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- DeVille v. BarryAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by3 opinions
- Neuburger v. SidorukAppellate Division of the Supreme Court of the State of New York · 2009
- Kharzis v. PV Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Miller v. BahAppellate Division of the Supreme Court of the State of New York · 2009