Legal Opinion

Conde v. Eric Service Corp.

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

Decided February 26, 1990PublishedCited by 10 opinions

1Opinion of the Court

Contrary to the defendants’ present contention, the medical reports and affidavits submitted by the plaintiffs in opposition to the motion for summary judgment contained prima facie proof that each plaintiff suffered "serious injury” within the meaning of Insurance Law § 5102 (d). The medical opinions rendered by the plaintiffs’ physicians were allegedly not based solely upon the subjective complaints of their patients. Rather, they purported to be premised largely upon objectively measured and quantified injuries which were sufficient to demonstrate prima facie that each plaintiff suffered a…

2Cases cited3 opinions

  1. S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
  2. Combs v. Inc. Village of FreeportAppellate Division of the Supreme Court of the State of New York · 1988
  3. Swenning v. WankelAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by10 opinions

  1. Flanagan v. HoegAppellate Division of the Supreme Court of the State of New York · 1995
  2. Mendola v. DemetresAppellate Division of the Supreme Court of the State of New York · 1995
  3. Bates v. PeeplesAppellate Division of the Supreme Court of the State of New York · 1991
  4. Hawkey v. Jefferson Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Heller v. Trustees of the Town of East HamptonAppellate Division of the Supreme Court of the State of New York · 1990

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