Legal Opinion
Baez v. Rahamatali
New York Court of Appeals
Decided May 4, 2006PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Defendants met their initial burden of establishing that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, plaintiff failed to provide an objective medical basis supporting the conclusion that she sustained a serious injury (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350-351 [2002]). Moreover, plaintiff failed to come forward with evidence that her current alleged need for surgery is…
2Cases cited3 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Pommells v. PerezNew York Court of Appeals · 2005
3Cited by14 opinions
- Brewster v. FTM Servo, Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- COOK, CURTIS v. PETERSON, ALYSSA S.Appellate Division of the Supreme Court of the State of New York · 2016
- Fillette v. LundbergAppellate Division of the Supreme Court of the State of New York · 2017
- Kilmer v. StrekAppellate Division of the Supreme Court of the State of New York · 2006
- Tagger v. Olympic Van Line, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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