Wright v. AAA Construction Services, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*532The Supreme Court erred in concluding that the defendants satisfied their respective prima facie burdens on their separate motions for summary judgment by 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]). In support of their motions, the defendants relied on essentially the same submissions. Included within those submissions was the affirmed medical report of their examining orthopedic surgeon, who…
2Cases cited10 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
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