Legal Opinion

Toriola v. Ha Dong Hyun

Appellate Terms of the Supreme Court of New York

Decided September 1, 2000PublishedCited by 1 opinion

1Opinion of the Court

*591OPINION OF THE COURT

Memorandum.

Order reversed without costs, defendant’s motion for summary judgment granted, and complaint dismissed.

Defendant made a prima facie case showing that plaintiff Titus Toriola did not sustain a “serious injury” within the meaning of Insurance Law § 5102. The court below properly determined that plaintiffs medical submissions were insufficient to raise any issues of fact. The affidavit of plaintiff’s chiropractor, Dr. Scott Leist, either failed to quantify the degree of movement (see, Thompson v Cochran, 253 AD2d 871; Wilkins v Cameron, 214 AD2d 557) or failed to…

2Cases cited8 opinions

  1. Friedman v. U-Haul Truck RentalAppellate Division of the Supreme Court of the State of New York · 1995
  2. DiNunzio v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1998
  3. Merisca v. AlfordAppellate Division of the Supreme Court of the State of New York · 1997
  4. Lincoln v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1996
  5. Williams v. HughesAppellate Division of the Supreme Court of the State of New York · 1998

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3Cited by1 opinion

  1. Taher v. Valerio-MenaCivil Court of the City of New York · 2003

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