Legal Opinion
Luby v. Tsybulevskiy
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 2011PublishedCited by 5 opinions
1Opinion of the Court
The defendants 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]). The plaintiff alleged that as a result of the subject accident, the cervical and lumbosacral regions of his spine, as well as his left shoulder, sustained certain injuries. On their motion for summary judgment dismissing the complaint, the defendants argued that those alleged injuries were not…
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
- Pommells v. PerezNew York Court of Appeals · 2005
- Reynolds v. Wai Sang LeungAppellate Division of the Supreme Court of the State of New York · 2010
- Sforza v. Big Guy Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2008
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3Cited by5 opinions
- Kearney v. GarrettAppellate Division of the Supreme Court of the State of New York · 2012
- Cruz v. Advanced Concrete Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Howell v. SkodyAppellate Division of the Supreme Court of the State of New York · 2012
- Rampino v.ShaffrenAppellate Division of the Supreme Court of the State of New York · 2011
- Cruz v. Advanced Concrete Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2012