Legal Opinion
Mora v. Riddick
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2010PublishedCited by 4 opinions
1Opinion of the Court
The Supreme Court properly determined that the defendants met their respective prima facie burdens 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 (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. Initially, the medical reports submitted by Dr. Lauren Stimler-Levy, the plaintiffs treating physician, were unaffirmed and, thus, insufficient to raise a triable issue of fact (see…
2Cases cited17 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Grasso v. AngeramiNew York Court of Appeals · 1991
- Sainte-Aime v. HoAppellate Division of the Supreme Court of the State of New York · 2000
- Pagano v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by4 opinions
- Vilomar v. CastilloAppellate Division of the Supreme Court of the State of New York · 2010
- Keith v. DuvalAppellate Division of the Supreme Court of the State of New York · 2010
- Ranford v. Tim's Tree & Lawn Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Simanovskiy v. BarbaroAppellate Division of the Supreme Court of the State of New York · 2010