Legal Opinion
Ortega v. Maldonado
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2007PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered February 17, 2006, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants in this no-fault motor vehicle accident case met their burden of establishing, as a matter of law, that plaintiff had not sustained a “serious injury.” Plaintiff then failed to meet his burden of demonstrating that he had sustained such an injury by submitting objective proof of its nature and degree (Gaddy v Eyler, 79 NY2d 955 [1992]).
While plaintiff’s expert, a nontreating physician…
2Cases cited5 opinions
- Gaddy v. EylerNew York Court of Appeals · 1992
- Licari v. ElliottNew York Court of Appeals · 1982
- Pommells v. PerezNew York Court of Appeals · 2005
- Perez v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2006
- Chen v. MarcAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by8 opinions
- Il Chung Lim v. ChrabaszczAppellate Division of the Supreme Court of the State of New York · 2012
- Salman v. RosarioAppellate Division of the Supreme Court of the State of New York · 2011
- Rivera v. RamosAppellate Division of the Supreme Court of the State of New York · 2015
- Batts v. Medical Express Ambulance Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Vargas v. AhmedAppellate Division of the Supreme Court of the State of New York · 2007
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