Legal Opinion

Dembele v. Cambisaca

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

Decided February 26, 2009PublishedCited by 17 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Sallie ManzanetDaniels, J.), entered September 25, 2007, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant met his prima facie burden by demonstrating that plaintiff had not suffered a serious injury within the meaning of Insurance Law § 5102 (d) with, among other things, the affirmations of his orthopedist and neurologist (see Brown v Achy, 9 AD3d 30, 31 [2004]). Plaintiffs radiologist’s affirmation, based on a March 2005 MRI, could not rebut defendant’s orthopedist’s findings of a…

2Cases cited8 opinions

  1. Brown v. AchyAppellate Division of the Supreme Court of the State of New York · 2004
  2. Cornelius v. Cintas Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Hernandez v. AlmanzarAppellate Division of the Supreme Court of the State of New York · 2006
  4. Otero v. 971 Only U, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Thompson v. RamnarineAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by17 opinions

  1. Clemmer v. Drah Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Ortiz v. Ash Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Winters v. CruzAppellate Division of the Supreme Court of the State of New York · 2011
  4. Mitchell v. CalleAppellate Division of the Supreme Court of the State of New York · 2011
  5. Gibbs v. Hee HongAppellate Division of the Supreme Court of the State of New York · 2009

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