Legal Opinion
Black v. Regalado
Appellate Division of the Supreme Court of the State of New York
Decided January 9, 2007PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, Bronx *438County (Nelson S. Roman, J.), entered September 27, 2005, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant demonstrated prima facie entitlement to judgment by submitting competent medical evidence that neither plaintiff satisfied the serious injury threshold of Insurance Law § 5102 (d) (Franchini v Palmieri, 1 NY3d 536 [2003]). Plaintiffs failed to satisfy their evidentiary burden of submitting, in opposition, “objective medical proof of a serious injury causally related to the accident in…
2Cases cited3 opinions
- Pommells v. PerezNew York Court of Appeals · 2005
- Grasso v. AngeramiNew York Court of Appeals · 1991
- Franchini v. PalmieriNew York Court of Appeals · 2003
3Cited by5 opinions
- DeJesus v. PaulinoAppellate Division of the Supreme Court of the State of New York · 2009
- McCarthy v. BellamyAppellate Division of the Supreme Court of the State of New York · 2007
- Jean-Louis v. GueyeAppellate Division of the Supreme Court of the State of New York · 2012
- CPT Medical Services, P.C. v. New York Central Mutual Fire InsuranceAppellate Terms of the Supreme Court of New York · 2007
- Baker v. Elite Ambulette Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2007