Legal Opinion
Haque v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 2012Published
1Opinion of the Court
The defendants failed to meet their prima facie burden of 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]). The defendants failed to adequately address the plaintiffs claim that as a result of the subject accident, he sustained certain psychological injuries constituting a serious injury within the meaning of Insurance Law § 5102 (d) (see Krayn v Torella, 40 AD3d 588 [2007]; see generally Kranis v…
2Cases cited6 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Krivit v. PitulaAppellate Division of the Supreme Court of the State of New York · 2010
- Chapman v. CapocciaAppellate Division of the Supreme Court of the State of New York · 2001
- Kranis v. BiederbeckAppellate Division of the Supreme Court of the State of New York · 2011
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