Legal Opinion
DaCosta v. Gibbs
Appellate Division of the Supreme Court of the State of New York
Decided May 12, 2016No. 1128 308916/09PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered February 17, 2015, which granted defendants’ motion for summary judgment dismissing the complaint on the threshold issue of serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion as to the claims of permanent consequential and significant limitation of use of the lumbar spine, cervical spine, and right hand, and otherwise affirmed, without costs.
Defendants established prima facie that plaintiff did not suffer either significant limitation or permanent consequential…
2Cases cited5 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Glaser v. M. Fortunoff of Westbury Corp.New York Court of Appeals · 1988
- Tsamos v. DiazAppellate Division of the Supreme Court of the State of New York · 2011
- Reyes v. Se ParkAppellate Division of the Supreme Court of the State of New York · 2015
- Sanchez v. DraperAppellate Division of the Supreme Court of the State of New York · 2014
3Cited by6 opinions
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- MacInness v. Chao WangAppellate Division of the Supreme Court of the State of New York · 2019
- Marin v. BelabeAppellate Terms of the Supreme Court of New York · 2018
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