Quintana v. Arena Transport, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1003The defendants met their prima facie burden 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 defendants’ evidentiary submissions, including the affirmed report of their examining neurologist, established, prima facie, that none of the injuries the plaintiff allegedly sustained to the cervical and lumbar regions of her spine, and to her head, shoulders, and wrists, constituted a serious injury…
2Cases cited13 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Staff v. Mair YshuaAppellate Division of the Supreme Court of the State of New York · 2009
- Grasso v. AngeramiNew York Court of Appeals · 1991
- Lively v. FernandezAppellate Division of the Supreme Court of the State of New York · 2011
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- Harris v. YoungAppellate Division of the Supreme Court of the State of New York · 2019
- Saunders v. MianAppellate Division of the Supreme Court of the State of New York · 2019
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