Legal Opinion

Taveras v. Amir

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

Decided December 23, 2008PublishedCited by 1 opinion

1Opinion of the Court

*888Contrary to the appellants’ contention, the Supreme Court did not err in granting the motion of the plaintiff Jesus Taveras (hereinafter the plaintiff) for judgment as a matter of law on the issue of whether he sustained a serious injury in the subject motor vehicle accident. Viewing the evidence in the light most favorable to the defendants, as we must, we find that there is no rational process by which the trier of fact could conclude that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Campo v Neary, 52 AD3d 1194 [2008]; Harwood v Hinds,…

2Cases cited6 opinions

  1. Campo v. NearyAppellate Division of the Supreme Court of the State of New York · 2008
  2. Fava v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
  3. Pellegrino v. FeliciAppellate Division of the Supreme Court of the State of New York · 2000
  4. Tyberg v. TomasinoAppellate Division of the Supreme Court of the State of New York · 2005
  5. Wallace v. Stonehenge Group, Ltd.Appellate Division of the Supreme Court of the State of New York · 2006

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3Cited by1 opinion

  1. Garcia v. CPS 1 Realty, LPAppellate Division of the Supreme Court of the State of New York · 2018

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