Legal Opinion
Saldarriaga v. Moreno
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2012PublishedCited by 8 opinions
1Opinion of the Court
*982The defendant Nicholas Viola failed to meet his prima facie burden of demonstrating that the plaintiff Juan Saldarriaga (hereinafter the injured 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, 350 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). Viola’s motion papers failed to adequately address the injured plaintiffs claim, clearly set forth in the bill of particulars, that he sustained a medically determined injury or impairment of a nonpermanent nature which…
2Cases cited4 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
- Tinsley v. BahAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by8 opinions
- Gonzalez v. HoumitaAppellate Division of the Supreme Court of the State of New York · 2013
- Gonzalez v. HoumitaAppellate Division of the Supreme Court of the State of New York · 2013
- Greene-Manzi v. A to Z Landscaping, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Greene-Manzi v. A to Z Landscaping, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Jarvis v. SanjoseAppellate Division of the Supreme Court of the State of New York · 2013
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