Legal Opinion

Borquist v. Hyde Park Central School District

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

Decided June 26, 2013Published

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Dutchess County (Brands, J.), dated June 13, 2012, which denied their motion for summary judgment dismissing the complaint on the ground that Danielle Borquist did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.

Ordered that the order is affirmed, with costs.

The defendants bore the initial burden of establishing as a matter of law that the scar on Danielle Borquist’s face did not constitute a “ ‘significant…

2Cases cited4 opinions

  1. Waldron v. WildAppellate Division of the Supreme Court of the State of New York · 1983
  2. Onder v. KaminskiAppellate Division of the Supreme Court of the State of New York · 2003
  3. Zulawski v. ZulawskiAppellate Division of the Supreme Court of the State of New York · 1991
  4. Maldonado v. PiccirilliAppellate Division of the Supreme Court of the State of New York · 2010

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