Legal Opinion
Davis v. Cottrell
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2012Published
1Opinion of the CourtMcCarthy, J.
As the movant, third-party defendant had the burden of *1301establishing by competent medical evidence that plaintiff did not sustain a serious injury caused by the accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 352 [2002]). The burden would then shift to plaintiff to raise a triable issue of fact by presenting competent proof based upon objective medical findings and tests to support any alleged serious injuries and connect them to the accident (see Larrabee v Bradshaw, 96 AD3d 1257, 1260 [2012]; Tracy v Tracy, 69 AD3d 1218, 1219 [2010]). Plaintiff alleged serious injury under four…
2Cases cited15 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Franchini v. PalmieriNew York Court of Appeals · 2003
- Oberly v. Bangs Ambulance, Inc.New York Court of Appeals · 2001
- John v. EngelAppellate Division of the Supreme Court of the State of New York · 2003
- Clark v. BascoAppellate Division of the Supreme Court of the State of New York · 2011
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