Legal Opinion

Diaz v. Turner

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

Decided June 2, 2003PublishedCited by 32 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated May 13, 2002, which *242denied her motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant’s motion for summary judgment should have been granted. “Although a bulging or herniated disc may constitute a serious injury…

2Cases cited3 opinions

  1. Letellier v. WalkerAppellate Division of the Supreme Court of the State of New York · 1995
  2. Duldulao v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  3. Monette v. KellerAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by32 opinions

  1. Kearse v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  2. Mejia v. DeRoseAppellate Division of the Supreme Court of the State of New York · 2006
  3. Roman v. Fast Lane Car Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Patterson v. NY Alarm Response Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Cerisier v. ThibiuAppellate Division of the Supreme Court of the State of New York · 2006

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