Legal Opinion
Desamour v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 2004PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Jacobson, J.), dated March 7, 2003, as 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).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendants made a prima facie showing that the plaintiff did not sustain…
2Cases cited10 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- 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
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3Cited by5 opinions
- Kuchero v. TabachnikovAppellate Division of the Supreme Court of the State of New York · 2008
- Duke v. SaurelisAppellate Division of the Supreme Court of the State of New York · 2007
- Perl v. MeherAppellate Division of the Supreme Court of the State of New York · 2010
- Fiorillo v. ArriazaAppellate Division of the Supreme Court of the State of New York · 2008
- Sullivan v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007