Legal Opinion
Miller v. Donohue
Appellate Division of the Supreme Court of the State of New York
Decided May 26, 1998PublishedCited by 8 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Kitson, J.), dated May 6, 1997, which granted the defendants’ motions for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs to the respondent Joseph V. Donohue.
Once the defendants submitted evidence establishing that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), the burden shifted to the plaintiff to produce evidentiary proof in admissible form demonstrating the existence of a…
2Cases cited5 opinions
- Gaddy v. EylerNew York Court of Appeals · 1992
- Medina v. Zalmen Reis & Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Verrelli v. TronoloneAppellate Division of the Supreme Court of the State of New York · 1996
- Komar v. ShowersAppellate Division of the Supreme Court of the State of New York · 1996
- Morales v. LunaAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by8 opinions
- Kearse v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Smith v. AskewAppellate Division of the Supreme Court of the State of New York · 1999
- Mejia v. ThomAppellate Division of the Supreme Court of the State of New York · 2001
- Paulino v. Xiaoyu DaiAppellate Division of the Supreme Court of the State of New York · 2001
- Lauretta v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2000
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