Legal Opinion
Gonzalez v. Houmita
Appellate Division of the Supreme Court of the State of New York
Decided March 27, 2013PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Pineda-Kirwan, J.), dated April 4, 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 demonstrating that the plaintiff did not sustain a serious injury within the meaning of Insurance Law §…
2Cases cited7 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
- Staff v. Mair YshuaAppellate Division of the Supreme Court of the State of New York · 2009
- Karpinos v. CoraAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by2 opinions
- Jarvis v. SanjoseAppellate Division of the Supreme Court of the State of New York · 2013
- Jarvis v. SanjoseAppellate Division of the Supreme Court of the State of New York · 2013