Legal Opinion
Whalen v. Avis Rent A Car System, Inc.
Appellate Terms of the Supreme Court of New York
Decided February 5, 1988PublishedCited by 6 opinions
1Opinion of the Court
*960OPINION OF THE COURT
Memorandum.
Judgment reversed and matter remanded for new trial on the issues of "serious injury” and damages, with $30 costs to abide the event.
In this appeal there is no issue as to liability.
In April 1985 defendant moved to have plaintiff submit to a new CAT scan because the scan taken by plaintiff’s physician two years earlier could not be located, allegedly because they had been stolen from her physician’s office. The court granted the motion to the extent that plaintiff was required to attend a doctor of her own choosing for a new CAT scan and defendant was given the…
2Cases cited1 opinion
- Hambsch v. New York City Transit AuthorityNew York Court of Appeals · 1984
3Cited by6 opinions
- Nuzzo v. CastellanoAppellate Division of the Supreme Court of the State of New York · 1998
- Daguaro v. BratkeCivil Court of the City of New York · 1989
- Davis v. New York City Transit AuthorityAppellate Terms of the Supreme Court of New York · 2003
- Davis v. New York City Transit AuthorityAppellate Terms of the Supreme Court of New York · 2003
- Schozer v. William Penn Life InsuranceNew York Court of Appeals · 1994
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