Legal Opinion
Clarke v. Delacruz
Appellate Division of the Supreme Court of the State of New York
Decided May 18, 2010PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Kramer, J.), dated May 19, 2009, as granted that branch of the defendant’s motion which was for summary judgment dismissing the first cause of action to recover damages for personal injuries on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant met his prima facie burden of showing that…
2Cases cited11 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Sainte-Aime v. HoAppellate Division of the Supreme Court of the State of New York · 2000
- Kearse v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Kauderer v. PentaAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by3 opinions
- Lively v. FernandezAppellate Division of the Supreme Court of the State of New York · 2011
- Jean v. Labin-NatochennyAppellate Division of the Supreme Court of the State of New York · 2010
- Valera v. SinghAppellate Division of the Supreme Court of the State of New York · 2011