Legal Opinion

Kyung Kook Chang v. Carpenter

Appellate Division of the Supreme Court of the State of New York

Decided February 14, 2012Published

1Opinion of the Court

*728Contrary to the conclusion of the Supreme Court, the plaintiff, in opposing the defendants’ motion for summary judgment dismissing the complaint, was not required to raise a triable issue of fact as to whether the alleged injuries to his left shoulder and right knee were caused by the subject accident, since the defendants failed to establish, prima facie, that those alleged injures were not caused by the subject accident (see Jean-Baptiste v Tobias, 88 AD3d 962, 963 [2011]; Messiana v Drivas, 85 AD3d 744 [2011]; Hightower v Ghio, 82 AD3d 934, 935 [2011]).

Nonetheless, the defendants met their…

2Cases cited6 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Gaddy v. EylerNew York Court of Appeals · 1992
  3. Staff v. Mair YshuaAppellate Division of the Supreme Court of the State of New York · 2009
  4. Hightower v. GhioAppellate Division of the Supreme Court of the State of New York · 2011
  5. Jean-Baptiste v. TobiasAppellate Division of the Supreme Court of the State of New York · 2011

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