Piperis v. Wan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*841The Supreme Court concluded that the defendants satisfied their prima facie burdens of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). The plaintiff takes no issue with that determination on appeal.
Contrary to the Supreme Court’s determination, however, the plaintiff failed to raise a triable issue of fact in opposition. The plaintiff’s hospital records were without any probative value since they were…
2Cases cited12 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Sainte-Aime v. HoAppellate Division of the Supreme Court of the State of New York · 2000
- Mejia v. DeRoseAppellate Division of the Supreme Court of the State of New York · 2006
- Roman v. Fast Lane Car Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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