Legal Opinion
Anderson v. Pena
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 2014No. 13509 308401/10PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered April 29, 2013, which granted defendants’ motion for summary judgment dismissing the complaint on the threshold issue of serious injury pursuant to Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion as to plaintiffs claims of “significant” and “permanent consequential” limitations in use of her cervical spine, and otherwise affirmed, without costs.
Defendants established prima facie that plaintiff did not sustain a serious injury to her cervical spine by submitting their orthopedic expert’s report…
2Cases cited5 opinions
- Tsamos v. DiazAppellate Division of the Supreme Court of the State of New York · 2011
- Levinson v. MollahAppellate Division of the Supreme Court of the State of New York · 2013
- Mulligan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Barhak v. Almanzar-CespedesAppellate Division of the Supreme Court of the State of New York · 2012
- Young Kyu Kim v. GomezAppellate Division of the Supreme Court of the State of New York · 2013
3Cited by3 opinions
- Deneen v. BucknorAppellate Division of the Supreme Court of the State of New York · 2019
- Guzman v. CruzAppellate Division of the Supreme Court of the State of New York · 2020
- Morales v. CabralAppellate Division of the Supreme Court of the State of New York · 2019