Legal Opinion
Walter v. Walch
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2011PublishedCited by 4 opinions
1Opinion of the Court
*873The defendants, on their cross motion for summary judgment, failed to meet their prima facie burden of showing that the plaintiffs infant stepdaughter, Paige Gildard (hereinafter the infant), did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). The plaintiff alleged, inter alia, that the infant sustained certain injuries to the cervical region of her spine as a result of the subject accident. Although the defendants asserted that…
2Cases cited3 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Cues v. TavaroneAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by4 opinions
- Scott v. GresioAppellate Division of the Supreme Court of the State of New York · 2011
- Connolly v. Peerless InsuranceDistrict Court, E.D. New York · 2012
- Jones v. AndersonAppellate Division of the Supreme Court of the State of New York · 2012
- Caracciolo v. Elmont Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2012