Busljeta v. Plandome Leasing, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendants failed to meet their prima facie burden of showing that the plaintiff Annmary Busljeta (hereinafter the injured plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). The defendants’ neurologist failed to explain or substantiate, with any objective medical evidence, the basis for his conclusion that the restrictions in cervical motion that were noted as part of his qualitative assessment were self-imposed…
2Cases cited6 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Style v. JosephAppellate Division of the Supreme Court of the State of New York · 2006
- Gonzales v. FialloAppellate Division of the Supreme Court of the State of New York · 2008
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Alvarez v. DematasAppellate Division of the Supreme Court of the State of New York · 2009
- Reitz v. Seagate Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Swensen v. MV Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- THOMAS, CLEVELAND L. v. HUH, JACOB K.Appellate Division of the Supreme Court of the State of New York · 2014
- Quiceno v. MendozaAppellate Division of the Supreme Court of the State of New York · 2010
14 more not listed; retrieve them via the Exa API.