Legal Opinion

Bamundo v. Fiero

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

Decided October 18, 2011PublishedCited by 6 opinions

1Opinion of the Court

The defendants met their prima facie burden of establishing that the 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 made a prima facie showing, through the affirmed report of their examining orthopedist, that the injuries the plaintiff allegedly sustained to his left knee did not constitute a serious injury under the permanent consequential limitation of use and/or the significant limitation of use…

2Cases cited7 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Gaddy v. EylerNew York Court of Appeals · 1992
  3. Staff v. Mair YshuaAppellate Division of the Supreme Court of the State of New York · 2009
  4. McLoud v. ReyesAppellate Division of the Supreme Court of the State of New York · 2011
  5. Lewars v. Transit Facility Management Corp.Appellate Division of the Supreme Court of the State of New York · 2011

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. John v. LindenAppellate Division of the Supreme Court of the State of New York · 2015
  2. Beltran v. Powow Limo, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Beltran v. Powow Limo, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Ramkumar v. Grand Style Transportation Enterprises Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Wunderlich v. BhuiyanAppellate Division of the Supreme Court of the State of New York · 2012

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API