Kapeleris v. Riordan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*904As the proponent of a motion for summary judgment, the plaintiff had the burden of making a prima facie showing that she suffered a serious injury pursuant to Insurance Law § 5102 (d) and that the injury was causally related to the accident (see Elshaarawy v U-Haul Co. of Miss., 72 AD3d 878, 881 [2010]; Autiello v Cummins, 66 AD3d 1072, 1073 [2009]). The plaintiff satisfied this burden by submitting her own affidavit and the affirmation of her treating neurologist, who reviewed magnetic resonance imaging films taken a few days after the accident and who first examined her about IV2 months…
2Cases cited9 opinions
- Elshaarawy v. U-Haul Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Autiello v. CumminsAppellate Division of the Supreme Court of the State of New York · 2009
- Ellithorpe v. MarionAppellate Division of the Supreme Court of the State of New York · 2006
- Jensen v. Nicmanda Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Volpetti v. Yoon KapAppellate Division of the Supreme Court of the State of New York · 2006
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