Lincoln v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The appellants made a prima facie showing that the plaintiff had not sustained a "serious injury” as defined by Insurance Law § 5102 (d). The plaintiffs affidavit, which consisted of subjective complaints of pain, was insufficient to raise a triable issue of fact (see, Almonacid v Meltzer, 222 AD2d 631). The unsworn report by the plaintiffs treating physician was not in admissible form and cannot be considered (see, Pagano v Kings-bury, 182 AD2d 268). The only other admissible evidence submitted by the plaintiff in opposition, the affidavit of Dr. Leonard Schuchman, was insufficient to defeat…
2Cases cited6 opinions
- Gaddy v. EylerNew York Court of Appeals · 1992
- Licari v. ElliottNew York Court of Appeals · 1982
- Pagano v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1992
- Giannakis v. PaschilidouAppellate Division of the Supreme Court of the State of New York · 1995
- Georgia v. RamautarAppellate Division of the Supreme Court of the State of New York · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- DiNunzio v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1998
- Guzman v. Paul Michael ManagementAppellate Division of the Supreme Court of the State of New York · 1999
- Merisca v. AlfordAppellate Division of the Supreme Court of the State of New York · 1997
- Jimenez v. KambliAppellate Division of the Supreme Court of the State of New York · 2000
- Carroll v. JenningsAppellate Division of the Supreme Court of the State of New York · 1999
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