Legal Opinion
Troutovski v. Sitnir
Civil Court of the City of New York
Decided January 27, 1999PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Rolando T. Acosta, J.
Defendant Sitnir moves for an order granting him summary *125judgment, upon the ground that the plaintiff did not sustain a “serious injury”, as defined in Insurance Law § 5102 (d). Although such motions are usually somewhat routine, this particular motion requires the court to decide a novel question: whether a plaintiff, in opposing the motion for summary judgment, may properly rely upon a treating physician’s affidavit which was not based upon a recent medical examination.
The Absence of Proof of a Recent Medical Examination
Where the proponent of a…
2Cases cited8 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Vermette v. Kenworth Truck Co.New York Court of Appeals · 1986
- Philpotts v. PetrovicAppellate Division of the Supreme Court of the State of New York · 1990
- Marshall v. AlbanoAppellate Division of the Supreme Court of the State of New York · 1992
- Covington v. CinnirellaAppellate Division of the Supreme Court of the State of New York · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ebewo v. MartinezDistrict Court, S.D. New York · 2004
- Gualtieri v. FarinaDistrict Court, S.D. New York · 2003
- Baytsayeva v. ShapiroDistrict Court, E.D. New York · 2012
- Williams v. RitchieDistrict Court, E.D. New York · 2001
- Gomez v. Ford Motor Credit Co.New York Supreme Court · 2005