Legal Opinion

Weinberg v. Okapi Taxi, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 2010PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Paul Wooten, J.), entered March 6, 2009, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to rebut defendants’ prima facie showing that there was no “permanent consequential limitation” or “significant limitation” of use of his ankle (Insurance Law § 5102 [d]). Plaintiffs orthopedist consistently reported a full range of motion of the ankle. Plaintiff claims limitations as to prolonged standing, walking, kneeling, or sitting, but he sets forth no objective basis for…

2Cases cited4 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Pommells v. PerezNew York Court of Appeals · 2005
  3. Uddin v. CooperAppellate Division of the Supreme Court of the State of New York · 2006
  4. Rossi v. AlhassanAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by6 opinions

  1. Rosa-Diaz v. Maria Auto Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Hospedales v. DoeAppellate Division of the Supreme Court of the State of New York · 2010
  3. Ahmed v. CannonAppellate Division of the Supreme Court of the State of New York · 2015
  4. Nieves v. CastilloAppellate Division of the Supreme Court of the State of New York · 2010
  5. Ahmed v. CannonAppellate Division of the Supreme Court of the State of New York · 2015

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