Legal Opinion

Espinal v. Galicia

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

Decided January 28, 2002PublishedCited by 9 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Price, J.), dated May 30, 2001, which denied their motion for summary judgment dismissing the complaint on the ground that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

“Although a bulging or herniated disc may constitute a serious injury within the meaning of Insurance Law § 5102 (d), a plaintiff must provide…

2Cases cited3 opinions

  1. Grossman v. WrightAppellate Division of the Supreme Court of the State of New York · 2000
  2. Duldulao v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  3. Monette v. KellerAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by9 opinions

  1. Kearse v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  2. Meely v. 4 G's Truck Renting Co.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Herrin v. Airborne Freight Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Chinnici v. BrownAppellate Division of the Supreme Court of the State of New York · 2002
  5. Positko v. KrawiecAppellate Division of the Supreme Court of the State of New York · 2004

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