Cues v. Tavarone
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Garvey, J.), dated July 1, 2010, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.
The defendant failed to meet his prima facie burden of showing that the plaintiff, who…
2Cases cited5 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Pommells v. PerezNew York Court of Appeals · 2005
- Hightower v. GhioAppellate Division of the Supreme Court of the State of New York · 2011
- Fields v. HildagoAppellate Division of the Supreme Court of the State of New York · 2010
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- Wedderburn v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2012
- Walter v. WalchAppellate Division of the Supreme Court of the State of New York · 2011
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