Kearney v. Garrett
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*726The defendants failed to meet their prima facie burden of showing that the plaintiff Michael D. Kearney (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 plaintiffs alleged that as a result of the subject accident, the injured plaintiffs left knee sustained certain injuries. Although the defendants attempted to establish, prima facie, that those alleged injuries did not constitute a serious…
2Cases cited6 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Scott v. GresioAppellate Division of the Supreme Court of the State of New York · 2011
- Kelly v. GheeAppellate Division of the Supreme Court of the State of New York · 2011
- Luby v. TsybulevskiyAppellate Division of the Supreme Court of the State of New York · 2011
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Pollet v. CharynAppellate Division of the Supreme Court of the State of New York · 2021
- Cruz v. Advanced Concrete Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Cabrera v. ShivecharanAppellate Division of the Supreme Court of the State of New York · 2016
- Reddick v. HickeyAppellate Division of the Supreme Court of the State of New York · 2021
- Burt v. MTA Bus Co.Appellate Division of the Supreme Court of the State of New York · 2019
19 more not listed; retrieve them via the Exa API.