Legal Opinion
Reyes v. Diaz
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 2011PublishedCited by 15 opinions
1Opinion of the Court
Defendants failed to make a prima facie showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Defendants’ orthopedic surgeon failed to indicate the objective tests used to determine the range of motion in plaintiff’s hip. Defendants failed to offer any expert opinion addressed to plaintiffs claimed psychological injuries (see Offman v Singh, 27 AD3d 284 [2006]). In addition, the opinion of defendants’ radiologist that plaintiffs herniation was degenerative was “too equivocal to satisfy defendant^’] prima facie burden to show that such…
2Cases cited3 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Offman v. SinghAppellate Division of the Supreme Court of the State of New York · 2006
- Glynn v. HopkinsAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by15 opinions
- Singer v. Gae Limo Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Biascochea v. BovesAppellate Division of the Supreme Court of the State of New York · 2012
- Luigi v. Avis Cab Co.Appellate Division of the Supreme Court of the State of New York · 2012
- Cuthill v. Won Min YunAppellate Division of the Supreme Court of the State of New York · 2023
- Karounos v. DoulalasAppellate Division of the Supreme Court of the State of New York · 2017
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