Legal Opinion
Ramkumar v. Grand Style Transportation Enterprises Inc.
New York Court of Appeals
Decided October 15, 2013PublishedCited by 54 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the complaint reinstated.
The record raises a triable issue of fact as to whether plaintiff has offered “some reasonable explanation” for the cessation of physical therapy treatment for his injury (Pommells v Perez, 4 NY3d 566, 574 [2005]). Plaintiff was asked at his deposition when he was last treated, and he replied that “they cut me off like five months.” The Appellate Division held that a “bare assertion that insurance coverage for medically required treatment was exhausted is unavailing…
2Cases cited3 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Pommells v. PerezNew York Court of Appeals · 2005
- Perl v. MeherNew York Court of Appeals · 2011
3Cited by54 opinions
- State Farm Mut. Auto. Ins. Co. v. ParisienDistrict Court, E.D. New York · 2018
- COOK, CURTIS v. PETERSON, ALYSSA S.Appellate Division of the Supreme Court of the State of New York · 2016
- CROISDALE, SANDRA J. v. WEED, ROBERT R.Appellate Division of the Supreme Court of the State of New York · 2016
- Nwanji v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- Encarnacion v. CastilloAppellate Division of the Supreme Court of the State of New York · 2017
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