Bengaly v. Singh
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1031The Supreme Court properly denied the defendant’s motion for summary judgment dismissing the complaint since he failed to meet his prima facie burden of 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 support of his motion, the defendant relied on, inter alia, the affirmed medical report of his examining orthopedic surgeon. In his report, which was based on an examination of the plaintiff on…
2Cases cited8 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Franchini v. PalmieriNew York Court of Appeals · 2003
- Alvarez v. DematasAppellate Division of the Supreme Court of the State of New York · 2009
- Landman v. SarconaAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by15 opinions
- Balducci v. VelasquezAppellate Division of the Supreme Court of the State of New York · 2012
- Swensen v. MV Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Quiceno v. MendozaAppellate Division of the Supreme Court of the State of New York · 2010
- Artis v. LucasAppellate Division of the Supreme Court of the State of New York · 2011
- Iannello v. VazquezAppellate Division of the Supreme Court of the State of New York · 2010
10 more not listed; retrieve them via the Exa API.