Legal Opinion
Foster v. Gayle
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 2011Published
1Opinion of the Court
*982The defendants met their respective prima facie burdens 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]). The plaintiff alleged, inter alia, that as a result of the subject accident, the cervical and lumbosacral regions of her spine, and shoulders, sustained certain injuries. However, the defendants provided competent medical evidence establishing, among other things, that those alleged injuries did…
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
- Rodriguez v. HuerfanoAppellate Division of the Supreme Court of the State of New York · 2007
- Jackson v. ColvertAppellate Division of the Supreme Court of the State of New York · 2005
- Lentini v. MelinaAppellate Division of the Supreme Court of the State of New York · 2001