Legal Opinion

Rivera v. Gonzalez

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

Decided June 13, 2013PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered March 7, 2012, which granted defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

In opposition to defendants’ prima facie showing that plaintiff did not suffer a serious injury to his lumbar spine in a March 2007 automobile accident, plaintiff submitted an affirmed report by his radiologist finding a herniated lumbar disc. That finding alone is insufficient to establish a…

2Cases cited6 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. Jno-Baptiste v. BuckleyAppellate Division of the Supreme Court of the State of New York · 2011
  4. Phillips v. Tolnep Limo Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Soho v. KonateAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by3 opinions

  1. Rodriguez v. MossAppellate Division of the Supreme Court of the State of New York · 2024
  2. Rodriguez v. MossAppellate Division of the Supreme Court of the State of New York · 2024
  3. Mendoza v. L. Two Go, Inc.Appellate Division of the Supreme Court of the State of New York · 2019

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