Legal Opinion
Che Hong Kim v. Kossoff
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2011PublishedCited by 228 opinions
1Opinion of the Court
The appellants failed to meet their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). The appellants’ motion papers failed to adequately address the plaintiffs claim, clearly set forth in the bills of particulars, that he sustained a medically-determined injury or impairment of a nonpermanent nature which prevented him from performing substantially all of the material acts which…
2Cases cited4 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Reynolds v. Wai Sang LeungAppellate Division of the Supreme Court of the State of New York · 2010
- Tinsley v. BahAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by228 opinions
- Mercado v. MendozaAppellate Division of the Supreme Court of the State of New York · 2015
- Miller v. BratsilovaAppellate Division of the Supreme Court of the State of New York · 2014
- D'Augustino v. Bryan Auto Parts, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Despinos-Cadet v. SteinAppellate Division of the Supreme Court of the State of New York · 2022
- Miller v. EbrahimAppellate Division of the Supreme Court of the State of New York · 2015
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