Legal Opinion
Paul-Austin v. McPherson
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2012PublishedCited by 5 opinions
1Opinion of the Court
*925The defendants met 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]). Although the plaintiff alleged that she sustained certain injuries to the cervical region of her spine and her right shoulder as a result of the subject accident, the defendants submitted competent medical evidence establishing, prima facie, that those alleged injuries did not constitute serious injuries…
2Cases cited5 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Jilani v. PalmerAppellate Division of the Supreme Court of the State of New York · 2011
- Rodriguez v. HuerfanoAppellate Division of the Supreme Court of the State of New York · 2007
- Vejselovski v. McErleanAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by5 opinions
- Paul-Austin v. McPhersonAppellate Division of the Supreme Court of the State of New York · 2013
- Caputo v. GutmanAppellate Division of the Supreme Court of the State of New York · 2013
- Caputo v. GutmanAppellate Division of the Supreme Court of the State of New York · 2013
- Paul-Austin v. McPhersonAppellate Division of the Supreme Court of the State of New York · 2013
- Saunders v. MianAppellate Division of the Supreme Court of the State of New York · 2019