Legal Opinion
Brantley v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 2008PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered on or about December 18, 2006, which granted defendants’ motions for summary judgment dismissing the complaint for lack of a serious injury as required by Insurance Law § 5102 (d), unanimously affirmed, without costs.
With respect to the 90/180-day category, defendants met their initial burden on the motion by submitting plaintiffs deposition testimony and bill of particulars indicating that he was confined to bed for only five days and missed only five days of work (see Thompson v Abbasi, 15 AD3d 95, 101 [2005]), and the…
2Cases cited6 opinions
- Pommells v. PerezNew York Court of Appeals · 2005
- Thompson v. AbbasiAppellate Division of the Supreme Court of the State of New York · 2005
- Lopez v. SimpsonAppellate Division of the Supreme Court of the State of New York · 2007
- Carter v. Full Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Nelson v. DistantAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by4 opinions
- Correa v. Asm SaifuddinAppellate Division of the Supreme Court of the State of New York · 2012
- Taylor v. American Radio Dispatcher, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Correa v. Asm SaifuddinAppellate Division of the Supreme Court of the State of New York · 2012
- Lake v. CelenNew York Supreme Court · 2009