Legal Opinion
Straussberg v. Marghub
Appellate Division of the Supreme Court of the State of New York
Decided July 24, 2013Published
1Opinion of the Court
*695In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Butler, J.), dated December 17, 2012, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.
Ordered that the order is affirmed, with costs.
The defendants failed to meet their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d)…
2Cases cited5 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Kelly v. GheeAppellate Division of the Supreme Court of the State of New York · 2011
- Snyder v. RiveraAppellate Division of the Supreme Court of the State of New York · 2012