Legal Opinion

Diaz v. Anasco

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

Decided March 13, 2007PublishedCited by 13 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered on or about January 4, 2006, which granted defendants’ motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for partial summary judgment, unanimously affirmed, without costs.

To recover damages for noneconomic loss related to personal injury allegedly sustained in a motor vehicle accident, the *296plaintiff is required to present nonconclusory expert evidence sufficient to support a finding not only that the alleged injury is “serious” within the meaning of Insurance Law § 5102 (d), but also that…

2Cases cited4 opinions

  1. Pommells v. PerezNew York Court of Appeals · 2005
  2. Franchini v. PalmieriNew York Court of Appeals · 2003
  3. Montgomery v. PenaAppellate Division of the Supreme Court of the State of New York · 2005
  4. Medina-Santiago v. NojovitsAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by13 opinions

  1. Valentin v.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Ortiz v. Ash Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Arroyo v. MorrisAppellate Division of the Supreme Court of the State of New York · 2011
  4. Brutton v. United StatesCourt of Appeals for the Second Circuit · 2017
  5. Santana v. KhanAppellate Division of the Supreme Court of the State of New York · 2008

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