Legal Opinion

Wright v. Melendez

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

Decided May 2, 1988PublishedCited by 5 opinions

1Opinion of the Court

"Summary judgment is an appropriate vehicle for determining whether a plaintiff can establish, prima facie, a serious *338injury” within the meaning of Insurance Law § 5102 (d) (see, Zoldas v Louise Cab Corp., 108 AD2d 378, 381).

In support of his motion for summary judgment, the appellant submitted, inter alia, the injured plaintiffs chiropractor’s report and a verified bill of particulars. The medical evidence indicated that the injured plaintiff had suffered a cervical sprain. In response to the appellant’s motion, the injured plaintiff offered his attorney’s affirmation, his chiropractor’s…

2Cases cited5 opinions

  1. Dwyer v. TraceyAppellate Division of the Supreme Court of the State of New York · 1984
  2. Zoldas v. Louise Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  3. Filippo v. WhiteAppellate Division of the Supreme Court of the State of New York · 1984
  4. Popp v. KremerAppellate Division of the Supreme Court of the State of New York · 1986
  5. Padron v. HoodAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by5 opinions

  1. Partlow v. MeehanAppellate Division of the Supreme Court of the State of New York · 1989
  2. Sundack v. Power Test Petro Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  3. Zaccara v. GoffAppellate Division of the Supreme Court of the State of New York · 1990
  4. Partlow v. MeehanAppellate Division of the Supreme Court of the State of New York · 1989
  5. Rodriguez v. BurchetteAppellate Division of the Supreme Court of the State of New York · 1995

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