Legal Opinion
Roman-Cabrera v. THJ Transportation Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 2013Published
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (F. Rivera, J.), dated July 20, 2012, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff 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 failed to meet their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as…
2Cases cited5 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Cruz v. Advanced Concrete Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Marquez v. BrowerAppellate Division of the Supreme Court of the State of New York · 2012