Gill v. O.N.S. Trucking
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated May 31, 1996, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the defendants’ motion is granted, and the complaint is dismissed.
The defendants submitted proof in admissible form which established that the plaintiff has not suffered a "serious injury” within the meaning of Insurance Law § 5102 (d). The burden thus shifted to the plaintiff to demonstrate the…
2Cases cited8 opinions
- Gaddy v. EylerNew York Court of Appeals · 1992
- Grasso v. AngeramiNew York Court of Appeals · 1991
- Scheer v. KoubekNew York Court of Appeals · 1987
- Philpotts v. PetrovicAppellate Division of the Supreme Court of the State of New York · 1990
- McHaffie v. AntieriAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by14 opinions
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- DiLeo v. BlumbergAppellate Division of the Supreme Court of the State of New York · 1998
- Woodard v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
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