Legal Opinion

Cullum v. Washington

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

Decided May 6, 1996PublishedCited by 12 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated *371June 21, 1995, which granted the defendant’s motion for summary judgment dismissing the complaint for failure to establish the existence of a serious injury as defined in Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The defendant submitted proof in admissible form which established that the infant plaintiff had not suffered a "serious injury” within the meaning of Insurance Law § 5102 (d). The burden thus shifted to…

2Cases cited3 opinions

  1. Gaddy v. EylerNew York Court of Appeals · 1992
  2. Phillips v. CostaAppellate Division of the Supreme Court of the State of New York · 1990
  3. Atamian v. MintzAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by12 opinions

  1. Kauderer v. PentaAppellate Division of the Supreme Court of the State of New York · 1999
  2. Yagliyan v. Gun Shik YangAppellate Division of the Supreme Court of the State of New York · 1997
  3. Delpilar v. BrowneAppellate Division of the Supreme Court of the State of New York · 2001
  4. Taylor v. Jerusalem Air, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  5. Estrella v. MaranoAppellate Division of the Supreme Court of the State of New York · 1998

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