Legal Opinion
Wadford v. Gruz
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 2006PublishedCited by 18 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered February 23, 2006, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.
On a motion for summary judgment, where the issue is whether the plaintiff has sustained a serious injury under the No-Fault Law, the defendant bears the initial burden of presenting competent evidence that there is no cause of action. The affirmation of defendants’ examining physician, Dr. Hughes, failed to meet that burden.…
2Cases cited3 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Pommells v. PerezNew York Court of Appeals · 2005
- Offman v. SinghAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by18 opinions
- Linton v. NawazAppellate Division of the Supreme Court of the State of New York · 2009
- Takahisa Onishi v. N & B Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Colon v. BernabeAppellate Division of the Supreme Court of the State of New York · 2009
- Mitchell v. CalleAppellate Division of the Supreme Court of the State of New York · 2011
- Mercado-Arif v. GarciaAppellate Division of the Supreme Court of the State of New York · 2010
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