Kelly v. Ghee
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1055The defendants failed to meet their prima facie burden of showing that the injured 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 plaintiffs alleged, inter alia, that as a result of the subject accident, the injured plaintiff sustained certain injuries to the cervical region of his spine. However, the defendants failed to provide competent medical evidence establishing, prima facie, that those alleged injuries…
2Cases cited6 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Pommells v. PerezNew York Court of Appeals · 2005
- Coscia v. 938 Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Connors v. FlahertyAppellate Division of the Supreme Court of the State of New York · 2006
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- Luby v. TsybulevskiyAppellate Division of the Supreme Court of the State of New York · 2011
- Snyder v. RiveraAppellate Division of the Supreme Court of the State of New York · 2012
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