Legal Opinion
GONYOU, CRYSTAL M. v. MCLAUGHLIN, ROBERTA D.
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2011No. CA 10-01700PublishedCited by 18 opinions
1Opinion of the Court
Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Crystal M. Gonyou (plaintiff) while she was operating a vehicle that was involved in a multivehicle accident. Supreme Court erred in granting the motions of Justin M. Sanmartín and Robert F. Novak (defendants) seeking sum mary judgment dismissing the complaint against them. “On a motion for summary judgment dismissing a complaint that alleges serious injury under Insurance Law § 5102 (d), the defendant bears the initial burden of establishing by competent medical evidence that [the] plaintiff did not sustain…
2Cases cited3 opinions
- Howard v. EspinosaAppellate Division of the Supreme Court of the State of New York · 2010
- Swartz v. KalsonAppellate Division of the Supreme Court of the State of New York · 2010
- Nguyen v. WilsonAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by18 opinions
- Cohen v. BrotenAppellate Division of the Supreme Court of the State of New York · 2021
- Russell v. Pulga-NappiAppellate Division of the Supreme Court of the State of New York · 2012
- Lamar v. AnastasiAppellate Division of the Supreme Court of the State of New York · 2020
- Banas v. WaikikiAppellate Division of the Supreme Court of the State of New York · 2023
- Sywak v. GrandeAppellate Division of the Supreme Court of the State of New York · 2023
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