Legal Opinion

Batista v. Porro

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

Decided October 29, 2013PublishedCited by 8 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered October 14, 2011, which denied defendants’ motion for summary judgment dismissing the complaint based on plaintiffs failure to establish a serious injury pursuant to Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint against all defendants.

Defendants made a prima facie showing that the 53-year-old plaintiff did not suffer a serious injury to his right knee as a result of an incident in which he was struck by a motor…

2Cases cited5 opinions

  1. Rosa v. MejiaAppellate Division of the Supreme Court of the State of New York · 2012
  2. Mitrotti v. EliaAppellate Division of the Supreme Court of the State of New York · 2012
  3. Vasquez v. AlmanzarAppellate Division of the Supreme Court of the State of New York · 2013
  4. Malupa v. OppongAppellate Division of the Supreme Court of the State of New York · 2013
  5. Kamara v. AjlanAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by8 opinions

  1. Alvarez v. NYLL Management Ltd.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Farmer v. Ventkate Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Holmes v. Brini Transit Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Walker v. WhitneyAppellate Division of the Supreme Court of the State of New York · 2015
  5. Grate v. RodriguesAppellate Division of the Supreme Court of the State of New York · 2020

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