Legal Opinion
Whisenant v. Farazi
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 2009PublishedCited by 3 opinions
1Opinion of the Court
*536Order, Supreme Court, New York County (Paul Wooten, J.), entered March 17, 2009, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.
Defendants met their initial burden of establishing prima facie that plaintiff did not sustain a serious injury to his left ankle through their examining orthopedist’s affirmed report, which showed quantified range-of-motion findings within normal limits, and plaintiff’s deposition testimony…
2Cases cited6 opinions
- Pommells v. PerezNew York Court of Appeals · 2005
- Thompson v. AbbasiAppellate Division of the Supreme Court of the State of New York · 2005
- Valentin v.Appellate Division of the Supreme Court of the State of New York · 2009
- Dembele v. CambisacaAppellate Division of the Supreme Court of the State of New York · 2009
- Toulson v. Young Han PaeAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by3 opinions
- SMYTH, THERESA A. v. MCDONALD, BENJAMIN J.Appellate Division of the Supreme Court of the State of New York · 2012
- Beatty v. Mo Azher MiahAppellate Division of the Supreme Court of the State of New York · 2011
- Ampofo v. KeyAppellate Division of the Supreme Court of the State of New York · 2019