Bamundo v. Fiero
Appellate Division of the Supreme Court of the State of New York
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
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Staff v. Mair YshuaAppellate Division of the Supreme Court of the State of New York · 2009
- McLoud v. ReyesAppellate Division of the Supreme Court of the State of New York · 2011
- 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
- John v. LindenAppellate Division of the Supreme Court of the State of New York · 2015
- Beltran v. Powow Limo, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Beltran v. Powow Limo, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Ramkumar v. Grand Style Transportation Enterprises Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- 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.