Yunatanov v. Stein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*709The Supreme Court properly determined that the defendant, in support of that branch of his motion which was for summary judgment dismissing the first cause of action, met his 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]). In opposition, the plaintiff failed to raise a triable issue of fact.
Initially, the medical reports of Dr. Neil J. Koppel and Dr. Steven M. Erlanger, as well…
2Cases cited25 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Grasso v. AngeramiNew York Court of Appeals · 1991
- Sainte-Aime v. HoAppellate Division of the Supreme Court of the State of New York · 2000
- Pagano v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by3 opinions
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- Radoncic v. FaulkAppellate Division of the Supreme Court of the State of New York · 2019