Legal Opinion
Jarvis v. Sanjose
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 2013Published
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Taylor, J.), dated September 14, 2012, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.
Ordered that the order is affirmed, without costs or disbursements.
The defendant failed to meet his prima facie burden of demonstrating that the plaintiff did not sustain a serious injury within the meaning of…
2Cases cited5 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Saldarriaga v. MorenoAppellate Division of the Supreme Court of the State of New York · 2012
- Gonzalez v. HoumitaAppellate Division of the Supreme Court of the State of New York · 2013