Moses v. Gelco Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about May 19, 2008, directing entry of judgment dismissing the complaint for lack of a serious injury as required by Insurance Law § 5102 (d), unanimously affirmed, without costs.
Defendants met their initial burden of demonstrating the lack of a serious injury by submitting the affirmed reports of various physicians establishing that plaintiffs injuries were the result of a degenerative condition (see Pommells v Perez, 4 NY3d 566, 580 [2005]), and documentary evidence showing that plaintiff was involved in another accident…
2Cases cited6 opinions
- Pommells v. PerezNew York Court of Appeals · 2005
- Style v. JosephAppellate Division of the Supreme Court of the State of New York · 2006
- Montgomery v. PenaAppellate Division of the Supreme Court of the State of New York · 2005
- Becerril v. Sol Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Rossi v. AlhassanAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by6 opinions
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- Kerr v. KlingerAppellate Division of the Supreme Court of the State of New York · 2010
- Jimenez v. PolancoAppellate Division of the Supreme Court of the State of New York · 2011
- Rasporskaya v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Ogando v. National Frgt., Inc.Appellate Division of the Supreme Court of the State of New York · 2018
1 more not listed; retrieve them via the Exa API.