Legal Opinion

Henry v. Rivera

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

Decided November 21, 2006PublishedCited by 1 opinion

1Opinion of the Court

*353Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered November 18, 2005, which granted defendants’ motion and cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants satisfied their initial burden by establishing, prima facie, that none of the plaintiffs sustained “serious injury” within the definition of Insurance Law § 5102 (d), and plaintiffs failed to meet their consequent burden to show, through the submission of admissible medical evidence, the existence of a triable question of fact. Plaintiffs all suffered from…

2Cases cited5 opinions

  1. Pommells v. PerezNew York Court of Appeals · 2005
  2. Scheer v. KoubekNew York Court of Appeals · 1987
  3. Franchini v. PalmieriNew York Court of Appeals · 2003
  4. Rivera v. BenarotiAppellate Division of the Supreme Court of the State of New York · 2006
  5. Agramonte v. MarvinAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by1 opinion

  1. Vaughan v. LeonAppellate Division of the Supreme Court of the State of New York · 2012

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