Legal Opinion

Benavides v. Peralta

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

Decided June 24, 2008Published

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 (R. Doyle, J.), dated January 29, 2007, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The 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 *756(see…

2Cases cited12 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Gaddy v. EylerNew York Court of Appeals · 1992
  3. Grasso v. AngeramiNew York Court of Appeals · 1991
  4. Pagano v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1992
  5. Friedman v. U-Haul Truck RentalAppellate Division of the Supreme Court of the State of New York · 1995

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