Legal Opinion
Nieves v. Castillo
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 2010PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered March 30, 2009, which granted defendants’ motion for summary judgment dismissing the complaint for failure to show serious injury, unanimously affirmed, without costs.
Defendants carried their prima facie burden regarding plaintiffs claim of permanent injuries; contrary to plaintiffs assertion, defendants’ medical expert’s findings in this regard were based on objective tests. In opposition, plaintiff failed to raise an issue of fact, since one of her physicians did not opine as to causation of her claimed injuries (see…
2Cases cited9 opinions
- Williams v. Baldor Specialty Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Gorden v. TibulcioAppellate Division of the Supreme Court of the State of New York · 2008
- Byong Yol Yi v. CanelaAppellate Division of the Supreme Court of the State of New York · 2010
- Ortiz v. Ash Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Amamedi v. ArchibalaAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by3 opinions
- Rosa-Diaz v. Maria Auto Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Hospedales v. DoeAppellate Division of the Supreme Court of the State of New York · 2010
- Vaughan v. LeonAppellate Division of the Supreme Court of the State of New York · 2012