Legal Opinion
Cruz v. Advanced Concrete Leasing Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 5, 2012Published
1Opinion of the Court
*667While we affirm the order appealed from, we do so on a ground different from that relied upon by the Supreme Court. The defendants failed to meet their prima facie burden of showing that the plaintiff Maria Rodriguez 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, 350 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). Rodriguez alleged that, as a result of the subject accident, which occurred on June 20, 2008, she sustained certain injuries to her knees, her left shoulder, the…
2Cases cited9 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Kearney v. GarrettAppellate Division of the Supreme Court of the State of New York · 2012
- Scott v. GresioAppellate Division of the Supreme Court of the State of New York · 2011
- Aujour v. SinghAppellate Division of the Supreme Court of the State of New York · 2011
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