Legal Opinion

Davis v. Cottrell

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

Decided December 13, 2012PublishedCited by 18 opinions

1Opinion of the CourtMcCarthy, J.

As the movant, third-party defendant had the burden of *1301establishing by competent medical evidence that plaintiff did not sustain a serious injury caused by the accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 352 [2002]). The burden would then shift to plaintiff to raise a triable issue of fact by presenting competent proof based upon objective medical findings and tests to support any alleged serious injuries and connect them to the accident (see Larrabee v Bradshaw, 96 AD3d 1257, 1260 [2012]; Tracy v Tracy, 69 AD3d 1218, 1219 [2010]). Plaintiff alleged serious injury under four…

2Cases cited15 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Franchini v. PalmieriNew York Court of Appeals · 2003
  3. Oberly v. Bangs Ambulance, Inc.New York Court of Appeals · 2001
  4. John v. EngelAppellate Division of the Supreme Court of the State of New York · 2003
  5. Clark v. BascoAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by18 opinions

  1. Raucci v. HesterAppellate Division of the Supreme Court of the State of New York · 2014
  2. Jones v. MarshallAppellate Division of the Supreme Court of the State of New York · 2017
  3. Thomas v. KuAppellate Division of the Supreme Court of the State of New York · 2013
  4. Martin v. LaValleyAppellate Division of the Supreme Court of the State of New York · 2016
  5. Warner v. KainAppellate Division of the Supreme Court of the State of New York · 2020

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