Legal Opinion
Ambroselli v. Team Massapequa, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2011PublishedCited by 3 opinions
1Opinion of the Court
*928Contrary to the Supreme Court’s determination, the defendant Team Massapequa, Inc., doing business as Domino’s Pizza, and the defendants Timothy M. Lanahan and Judith A. Lanahan, failed to meet their prima facie burdens of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). The defendants all relied on the same submissions in support of their motions, including the affirmed medical reports of, among others, Dr. Audrie Marie DeJesus and Dr.…
2Cases cited23 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Coscia v. 938 Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Nociforo v. PennaAppellate Division of the Supreme Court of the State of New York · 2007
- Malave v. BasikovAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by3 opinions
- Paul v. WeatherwaxAppellate Division of the Supreme Court of the State of New York · 2017
- Starkey v. CurryAppellate Division of the Supreme Court of the State of New York · 2012
- Pupko v. HassanAppellate Division of the Supreme Court of the State of New York · 2017