Legal Opinion
Eldred v. Stoddard
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1995PublishedCited by 7 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Defendants sustained their burden of establishing prima facie that Sondra Eldred (plaintiff) did not sustain a serious injury. The burden thus shifted to plaintiff to come forward with evidence that she suffered a serious injury within one of several categories enumerated in the statute (see, Insurance Law § 5102 [d]; Shames v Murtha, 204 AD2d 841). Plaintiff failed to sustain her burden of making *953" 'a prima facie showing of serious injury sufficient to raise a triable issue of fact’ ”…
2Cases cited4 opinions
- Antorino v. MordesAppellate Division of the Supreme Court of the State of New York · 1994
- Dubois v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1992
- Logan v. Laidlaw School Transit, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Shames v. MurthaAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by7 opinions
- Reeves v. ScopazAppellate Division of the Supreme Court of the State of New York · 1996
- Lynch v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1999
- Mueller v. SEATAINER TRANSPORT, LTD.District Court, W.D. New York · 2011
- Borrman v. BogoldAppellate Division of the Supreme Court of the State of New York · 1996
- Latiuk v. ConaAppellate Division of the Supreme Court of the State of New York · 2000
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