Legal Opinion
Scott v. Gresio
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2011PublishedCited by 16 opinions
1Opinion of the Court
The defendant failed to meet his prima facie burden of showing that the plaintiff did not sustain a serious injury within the *737meaning 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 alleged, inter alia, that the lumbar region of her spine sustained certain injuries as a result of the subject accident. Although the defendant asserted that those alleged injuries did not constitute a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v Avis Rent…
2Cases cited4 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Cues v. TavaroneAppellate Division of the Supreme Court of the State of New York · 2011
- Walter v. WalchAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by16 opinions
- Kearney v. GarrettAppellate Division of the Supreme Court of the State of New York · 2012
- Luigi v. Avis Cab Co.Appellate Division of the Supreme Court of the State of New York · 2012
- Affordable Community, Inc. v. SimonAppellate Division of the Supreme Court of the State of New York · 2012
- Cruz v. Advanced Concrete Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Little v. AjahAppellate Division of the Supreme Court of the State of New York · 2012
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