Legal Opinion
Warren v. Byun
New York Supreme Court
Decided July 31, 2009Published
1Opinion of the Court
OPINION OF THE COURT
Peter J. Kelly, J.
The defendants’ moving papers establish that the plaintiff was involved in an automobile accident on May 19, 2006 and commenced this action to recover for her alleged injuries. The defendants contend that the plaintiffs claimed injuries to her cervical spine and right shoulder do not meet the serious injury threshold set forth by Insurance Law § 5102 (d) and her complaint should therefore be dismissed.
In support of their argument, the defendants have offered the affirmations of Edward A. Toriello, M.D., an orthopedic surgeon, Monette G. Basson, M.D., a…
2Cases cited41 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Licari v. ElliottNew York Court of Appeals · 1982
- Pommells v. PerezNew York Court of Appeals · 2005
- Kearse v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
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