Legal Opinion

Cadena v. Espinal

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

Decided March 11, 2008PublishedCited by 1 opinion

1Opinion of the Court

*583The defendants established their prima facie entitlement to judgment as a matter of law by showing that the 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]). In opposition, the plaintiff failed to raise a triable issue of fact. The affidavit of the plaintiffs treating chiropractor failed to establish that he had personal knowledge of the plaintiffs condition prior to the alleged accident or of the reasons that caused…

2Cases cited9 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Gaddy v. EylerNew York Court of Appeals · 1992
  3. Pommells v. PerezNew York Court of Appeals · 2005
  4. Verette v. ZiaAppellate Division of the Supreme Court of the State of New York · 2007
  5. Giraldo v. MandaniciAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by1 opinion

  1. Warren v. ByunNew York Supreme Court · 2009

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