Legal Opinion
Lopez v. Kelleher
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 2012PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated February 28, 2012, which denied their 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) as a result of the subject accident.
Ordered that the order is affirmed, without costs or disbursements.
The defendants failed to meet their prima facie burden of demonstrating that the plaintiff did not sustain a serious injury within the meaning…
2Cases cited4 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Tinsley v. BahAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by2 opinions
- Gonzalez v. HoumitaAppellate Division of the Supreme Court of the State of New York · 2013
- Gonzalez v. HoumitaAppellate Division of the Supreme Court of the State of New York · 2013