Legal Opinion
Rhodes v. Stoddard
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2010PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), entered May 25, 2010, which denied her motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
While we affirm the order appealed from, we do so on a ground other than that relied upon by the Supreme Court. The defendant failed to meet her prima facie burden of establishing that the plaintiff did…
2Cases cited6 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Page v. BelmonteAppellate Division of the Supreme Court of the State of New York · 2007
- Chiara v. DernagoAppellate Division of the Supreme Court of the State of New York · 2010
- Kjono v. FenningAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by4 opinions
- Balducci v. VelasquezAppellate Division of the Supreme Court of the State of New York · 2012
- Grisales v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Astudillo v. MV Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Taylor v. TaylorAppellate Division of the Supreme Court of the State of New York · 2011