Legal Opinion

Jno-Baptiste v. Buckley

Appellate Division of the Supreme Court of the State of New York

Decided March 22, 2011PublishedCited by 37 opinions

1Opinion of the Court

Defendant’s submissions, including the affirmed report of an orthopedist and the transcript of plaintiffs deposition, met his prima facie burden of showing that plaintiff had not suffered a serious injury within the meaning of Insurance Law § 5102 (d). In opposition, plaintiff failed to raise a triable issue with respect to whether she suffered a permanent consequential or significant limitation. The MRI report merely shows findings “suggestive of transient patellar dislocation.” However, a dislocation alone, without evidence of some permanent or significant limitation, does not constitute a…

2Cases cited3 opinions

  1. Nelson v. DistantAppellate Division of the Supreme Court of the State of New York · 2003
  2. Pou v. E&S Wholesale Meats, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Licygiewicz v. StearnsAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by37 opinions

  1. Alvarez v. NYLL Management Ltd.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Santos v. PerezAppellate Division of the Supreme Court of the State of New York · 2013
  3. Dorrian v. CantalicioAppellate Division of the Supreme Court of the State of New York · 2012
  4. Komina v. GilAppellate Division of the Supreme Court of the State of New York · 2013
  5. Colon v. TorresAppellate Division of the Supreme Court of the State of New York · 2013

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