Legal Opinion

Martinkus v. Dahmen

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

Decided April 24, 2013Published

1Opinion of the Court

*1015In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Farneti, J.), entered April 20, 2012, which granted the defendant’s 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, with costs.

The defendant met her prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as…

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. Karpinos v. CoraAppellate Division of the Supreme Court of the State of New York · 2011
  5. MacDonald v. MeierhofferAppellate Division of the Supreme Court of the State of New York · 2004

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