Legal Opinion
Smith v. Brito
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 2005PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered September 15, 2004, which granted defendant Brito’s motion and defendant Fall’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Based upon reports from an orthopedist and a neurologist diagnosing plaintiff with a resolved cervical and lumbar strain and full cervical and lumbar ranges of motion, defendants met their initial burden as summary judgment movants to demonstrate, prima facie, that plaintiff had not sustained serious injury within the meaning of Insurance Law § 5102…
2Cases cited5 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Pommells v. PerezNew York Court of Appeals · 2005
- Franchini v. PalmieriNew York Court of Appeals · 2003
- Shinn v. CatanzaroAppellate Division of the Supreme Court of the State of New York · 2003
- Dubois v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by8 opinions
- Quinones v. KsieniewiczAppellate Division of the Supreme Court of the State of New York · 2011
- Vasquez v. ReluzcoAppellate Division of the Supreme Court of the State of New York · 2006
- Taylor v. TerrignoAppellate Division of the Supreme Court of the State of New York · 2006
- Lattan v. Gretz Transit Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Otero v. 971 Only U, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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