Legal Opinion
Baytsayeva v. Shapiro
District Court, E.D. New York
Decided January 20, 2012No. 09 CV 4874PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM & ORDER
DEARIE, District Judge.
Plaintiff, a 50-year-old former medical assistant born in the former U.S.S.R.1 and now a U.S. Citizen, alleges that defendants negligently struck her with their car while she was crossing the street on foot, causing severe and continuing physical and emotional injuries. Defendants move for summary judgment, arguing that plaintiff is barred from recovery in tort because she has not sustained a “serious injury” pursuant to New York Insurance Law § 5102(d). Because plaintiff has plainly *10met her burden of establishing a prima facie case of “serious…
2Cases cited27 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Salahuddin v. GoordCourt of Appeals for the Second Circuit · 2006
- Licari v. ElliottNew York Court of Appeals · 1982
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3Cited by10 opinions
- Satterfield v. MaldonadoDistrict Court, S.D. New York · 2015
- Rivera v. United StatesDistrict Court, S.D. New York · 2012
- Bass v. HoutDistrict Court, S.D. New York · 2019
- Comba v. United StatesDistrict Court, E.D. New York · 2021
- Flores v. BergtraumDistrict Court, S.D. New York · 2022
5 more not listed; retrieve them via the Exa API.