Ferraro v. Ridge Car Service
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]). In opposition, the plaintiff failed to raise a triable issue of fact. Ón appeal, the plaintiff claims that her submissions raised a triable issue of fact as to whether she sustained a permanent consequential limitation of use of a body organ or member and/or a significant limitation of use of a body…
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
- Beckett v. ConteAppellate Division of the Supreme Court of the State of New York · 1991
- D'Onofrio v. Floton, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Rodriguez v. CesarAppellate Division of the Supreme Court of the State of New York · 2007
5 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Taylor v. FlahertyAppellate Division of the Supreme Court of the State of New York · 2009
- Sealy v. Riteway-1, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Leeber v. WardAppellate Division of the Supreme Court of the State of New York · 2008
- Barnett v. SmithAppellate Division of the Supreme Court of the State of New York · 2009
- Gould v. OmbrellinoAppellate Division of the Supreme Court of the State of New York · 2008
54 more not listed; retrieve them via the Exa API.