Legal Opinion

Taher v. Valerio-Mena

Civil Court of the City of New York

Decided April 21, 2003PublishedCited by 1 opinion

1Opinion of the Court

*688OPINION OF THE COURT

Charles J. Markey, J.

The novel issue raised in this “serious injury’ case, under Insurance Law § 5102 (d), is whether the device of an inclinometer is one that can provide objective measurements of a limitation of motion so as to permit a plaintiff to survive a defense threshold motion.

Defendant moves for summary judgment dismissing the complaint regarding a motor vehicle accident that occurred in Queens County on May 6, 2001.

Contrary to the plaintiffs allegations, defendant’s two experts offered reports in admissible form contending that plaintiff did not sustain a…

2Cases cited37 opinions

  1. Grossman v. WrightAppellate Division of the Supreme Court of the State of New York · 2000
  2. Trotter v. HartAppellate Division of the Supreme Court of the State of New York · 2001
  3. Carroll v. JenningsAppellate Division of the Supreme Court of the State of New York · 1999
  4. Elmore v. Travelers Insurance Co.Tennessee Supreme Court · 1992
  5. McCabe v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1997

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3Cited by1 opinion

  1. Panchmia v. TauberCivil Court of the City of New York · 2004

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