Daliendo v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Spatt, J.
In this negligence action, we are called upon to determine whether a plaintiff may defeat a motion for summary judgment grounded on the plaintiff’s alleged failure to satisfy the threshold requirement of "[s]erious injury” as defined in Insurance Law § 5102 (d) by relying on injuries suffered subsequent to the automobile accident involving the defendants. We hold that the injuries suffered in a subsequent accident may be considered in determining whether the plaintiff has sustained "[s]erious injuries]” provided that the plaintiff establishes, prima facie, a…
2Cases cited32 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Licari v. ElliottNew York Court of Appeals · 1982
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
- Scheer v. KoubekNew York Court of Appeals · 1987
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3Cited by69 opinions
- Roldan v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2011
- Perez v. Brux Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Stock v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Rebecchi v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1991
- Countermine v. GalkaAppellate Division of the Supreme Court of the State of New York · 1993
64 more not listed; retrieve them via the Exa API.