Legal Opinion

Desouza v. Hamilton

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

Decided October 9, 2008PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered June 19, 2007, which granted defendants’ motion for summary judgment dismissing the complaint for lack of a serious injury as required by Insurance Law § 5102 (d), unanimously affirmed, without costs.

No issue of fact as to permanence or significance is raised by plaintiffs physician’s March 27, 2007 affirmation in opposition discussing and attaching contemporaneous reports of his examinations of plaintiff on February 1, 2005, three days after the accident, June 3, 2005, and March 2, 2007. Although the affirmation…

2Cases cited4 opinions

  1. Pommells v. PerezNew York Court of Appeals · 2005
  2. Nelson v. DistantAppellate Division of the Supreme Court of the State of New York · 2003
  3. Brewster v. FTM Servo, Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Gonzalez v. A.V. Managing, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by5 opinions

  1. Chintam v. FenelusAppellate Division of the Supreme Court of the State of New York · 2009
  2. Whisenant v. FaraziAppellate Division of the Supreme Court of the State of New York · 2009
  3. Grimaldi v. Newman & Okun, P.C.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Rodriguez v. Freight Masters, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Grimaldi v. Newman & Okun, P.C.Appellate Division of the Supreme Court of the State of New York · 2013

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