Legal Opinion
Mondert v. Iglesia De Dios Pentecostal Cristo Viene, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2010PublishedCited by 4 opinions
1Opinion of the Court
The appellant failed to meet its 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]). In support of its motion, the appellant relied on, inter alia, the affirmed medical report of its examining neurologist. In that report, he noted that the plaintiff had a significant limitation in her lumbar spine range of motion, and concluded that the decreased range of motion was “voluntary.”…
2Cases cited7 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Busljeta v. Plandome Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Torres v. GarciaAppellate Division of the Supreme Court of the State of New York · 2009
- Cuevas v. Compote Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2009
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3Cited by4 opinions
- Quiceno v. MendozaAppellate Division of the Supreme Court of the State of New York · 2010
- Astudillo v. MV Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Aslam v. HossainAppellate Division of the Supreme Court of the State of New York · 2011
- Isakov v. CooperAppellate Division of the Supreme Court of the State of New York · 2011