Scinto v. Hoyte
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*647The defendants did not meet their prima facie burden of establishing 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, 352 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). The plaintiff alleged in her bill of particulars that she had a medically-determined injury or impairment of a nonpermanent nature which prevented her from performing substantially all of the material acts constituting her usual and customary activities for not less than 90 days during the…
2Cases cited7 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Sayers v. HotAppellate Division of the Supreme Court of the State of New York · 2005
- Torres v. Performance Automobile Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- McKenzie v. RedlAppellate Division of the Supreme Court of the State of New York · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- Ismail v. TejedaAppellate Division of the Supreme Court of the State of New York · 2009
- HINT, BRIAN W. v. VAUGHN, ALFRED L.Appellate Division of the Supreme Court of the State of New York · 2012
- Diaz v. Nightingale Bakery & Beverage Distrib., Inc.Appellate Division of the Supreme Court of the State of New York · 2025
1 more not listed; retrieve them via the Exa API.