Legal Opinion
Wedderburn v. Simmons
Appellate Division of the Supreme Court of the State of New York
Decided May 30, 2012PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Martin, J.), dated May 25, 2011, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.
Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.
The defendant failed to meet his prima facie burden of showing that the…
2Cases cited6 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Pommells v. PerezNew York Court of Appeals · 2005
- Cues v. TavaroneAppellate Division of the Supreme Court of the State of New York · 2011
- Hightower v. GhioAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by5 opinions
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- Weinberg v. 2345 Ocean Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Weinberg v. 2345 Ocean Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2013