Kjono v. Fenning
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendants Morton Held and Barbara Held (hereinafter the Helds) failed to meet their prima facie burden of showing 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]). In support of their motion, the Helds relied on, inter alia, the affirmed medical report of their examining orthopedic surgeon. In that report, which was based on an examination of the plaintiff conducted on January 7, 2008, the orthopedic…
2Cases cited10 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Coscia v. 938 Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Bentivegna v. SteinAppellate Division of the Supreme Court of the State of New York · 2007
- Zamaniyan v. VrabeckAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by8 opinions
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- Granovskiy v. ZarbaliyevAppellate Division of the Supreme Court of the State of New York · 2010
- Rhodes v. StoddardAppellate Division of the Supreme Court of the State of New York · 2010
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