Sole v. Kurnik
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously reversed, on the law, with costs, and motions denied. Memorandum: Defendants’ motions for summary judgment, based upon their claim that plaintiff did not sustain a "serious injury” as defined in Insurance Law § 5102 (d), were supported by attorney’s affidavits, the pleadings, the verified bill of particulars, an unsworn report from plaintiff’s physician and the transcript of plaintiff’s examination before trial. It is well settled that while plaintiff has the burden of establishing a prima facie case of "serious injury” at trial (Licari v Elliott, 57 NY2d 230), the…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Licari v. ElliottNew York Court of Appeals · 1982
- Filippo v. WhiteAppellate Division of the Supreme Court of the State of New York · 1984
- Savage v. DelacruzAppellate Division of the Supreme Court of the State of New York · 1984
- Mulhauser v. WoodAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by16 opinions
- Barrette v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Thomas v. DrakeAppellate Division of the Supreme Court of the State of New York · 1988
- Cushing v. SeemannAppellate Division of the Supreme Court of the State of New York · 1998
- Colvin v. MailleAppellate Division of the Supreme Court of the State of New York · 1987
- Nigro v. PenreeAppellate Division of the Supreme Court of the State of New York · 1997
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