Legal Opinion
Shumway v. Bungeroth
Appellate Division of the Supreme Court of the State of New York
Decided January 8, 2009PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Deborah A. Kap-lan, J.), entered February 26, 2008, which denied defendants’ motion for summary judgment dismissing the complaint, affirmed, without costs.
Defendants failed to meet their initial burden of establishing that plaintiff had not sustained serious injury within the meaning of Insurance Law § 5102 (d). Defendants’ medical expert, who examined plaintiff four years after her April 2003 accident, reviewed only the police accident report and the bill of particulars, and did not address any of plaintiffs medical records, including reports of…
Also in this document: Dissent.
2Cases cited4 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Style v. JosephAppellate Division of the Supreme Court of the State of New York · 2006
- Takahisa Onishi v. N & B Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Santana v. KhanAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by5 opinions
- Clemmer v. Drah Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Singer v. Gae Limo Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Robinson v. JosephAppellate Division of the Supreme Court of the State of New York · 2012
- Oliveras v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2020
- Robinson v. JosephAppellate Division of the Supreme Court of the State of New York · 2012