Legal Opinion
Hodges v. Jones
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 1997PublishedCited by 21 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Defendant met his burden of submitting evidence to demonstrate that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Contrary to plaintiffs contention, that burden may be satisfied by submitting plaintiffs deposition testimony and the medical records of plaintiff that were supplied by plaintiffs counsel (see, Nigro v Penree, 238 AD2d 908 [decided herewith]; Lowe v Bennett, 122 AD2d 728, affd 69 NY2d 700). Those submissions establish that plaintiff did not fracture her right knee or sustain a…
2Cases cited3 opinions
- Lowe v. BennettAppellate Division of the Supreme Court of the State of New York · 1986
- Lowe v. BennettNew York Court of Appeals · 1986
- Nigro v. PenreeAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by21 opinions
- Kunz v. GleesonAppellate Division of the Supreme Court of the State of New York · 2004
- Batista v. OlivoAppellate Division of the Supreme Court of the State of New York · 2005
- Luckey v. BauchAppellate Division of the Supreme Court of the State of New York · 2005
- Paul v. TrerotolaAppellate Division of the Supreme Court of the State of New York · 2004
- Sims v. MegarisAppellate Division of the Supreme Court of the State of New York · 2005
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