Legal Opinion
Franchini v. Palmieri
New York Court of Appeals
Decided November 25, 2003PublishedCited by 124 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
In this negligence action to recover for injuries allegedly sustained in a motor vehicle accident, defendant properly relied on medical records and reports prepared by plaintiff s treating physicians to establish that plaintiff did not suffer a serious injury causally related to the accident. Defendant having established prima facie entitlement to summary judgment, the burden shifted to plaintiff to offer proof in admissible form sufficient to create a material issue of fact necessitating a trial…
2Cases cited3 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Romano v. StanleyNew York Court of Appeals · 1997
- Giuffrida v. Citibank Corp.New York Court of Appeals · 2003
3Cited by124 opinions
- Pommells v. PerezNew York Court of Appeals · 2005
- Valentin v.Appellate Division of the Supreme Court of the State of New York · 2009
- Clark v. BascoAppellate Division of the Supreme Court of the State of New York · 2011
- Evans v. United StatesDistrict Court, E.D. New York · 2013
- Montgomery v. PenaAppellate Division of the Supreme Court of the State of New York · 2005
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