Washington v. Mendoza
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*973The 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, which occurred on March 17, 2002 (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, the plaintiff failed to raise a triable issue of fact. The so-called “Certification” from the plaintiffs treating physician Dr. Gustave Drivas was insufficient to affirm the contents of any of the reports or records that were annexed thereto, including his own…
2Cases cited19 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
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