Legal Opinion

Grant v. New York City Transit Authority

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

Decided November 29, 2011Published

1Opinion of the Court

*1059The defendants demonstrated their prima facie entitlement to judgment as a matter of law by submitting competent medical evidence which established that the injuries sustained by the plaintiff did not constitute a serious injury within the meaning of Insurance Law § 5102 (d) (see Kivelowitz v Calia, 43 AD3d 1111 [2007]). In opposition, the plaintiff failed to raise a triable issue of fact either through her medical submissions or via her deposition testimony. The plaintiff testified at her deposition that while her injuries from the accident prevented her from performing some normal…

2Cases cited4 opinions

  1. Farozes v. KamranAppellate Division of the Supreme Court of the State of New York · 2005
  2. Dembele v. CambisacaAppellate Division of the Supreme Court of the State of New York · 2009
  3. Kivelowitz v. CaliaAppellate Division of the Supreme Court of the State of New York · 2007
  4. Pacheco v. ConnersAppellate Division of the Supreme Court of the State of New York · 2010

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