Legal Opinion

Ki Chang Kim v. Pokruss

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

Decided January 28, 2002Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (LeVine, J.), dated September 5, 2000, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence demonstrating that the…

2Cases cited7 opinions

  1. Gaddy v. EylerNew York Court of Appeals · 1992
  2. Grossman v. WrightAppellate Division of the Supreme Court of the State of New York · 2000
  3. Friedman v. U-Haul Truck RentalAppellate Division of the Supreme Court of the State of New York · 1995
  4. Smith v. AskewAppellate Division of the Supreme Court of the State of New York · 1999
  5. Kallicharan v. SooknananAppellate Division of the Supreme Court of the State of New York · 2001

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