Legal Opinion
Morris v. Ilya Cab Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 2009PublishedCited by 9 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Paul Wooten, J.), *435entered October 17, 2008, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to dismiss plaintiff Keith Morris’s 90/180 day claim of serious injury, and otherwise affirmed, without costs.
Defendants established a prima facie case that plaintiffs did not suffer serious injuries within the meaning of Insurance Law § 5102 (d). However, plaintiffs raised issues of fact (except as to the 90/180 day category) by submitting (a) the reports of their treating physicians providing…
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