Legal Opinion
Loadholt v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 2004PublishedCited by 12 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Durante, J), dated October 27, 2003, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
It is well established that when a defendant relies on the findings of defense experts, those findings must be in admissible…
2Cases cited5 opinions
- Coscia v. 938 Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Pagano v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1992
- Mariaca-Olmos v. MizrhyAppellate Division of the Supreme Court of the State of New York · 1996
- Chaplin v. TaylorAppellate Division of the Supreme Court of the State of New York · 2000
- Gleason v. HuberAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by12 opinions
- Tuna v. BabendererdeAppellate Division of the Supreme Court of the State of New York · 2006
- Suk Ching Yeung v. RojasAppellate Division of the Supreme Court of the State of New York · 2005
- Damas v. ValdesAppellate Division of the Supreme Court of the State of New York · 2011
- O'Neal v. BronopolskyAppellate Division of the Supreme Court of the State of New York · 2007
- Staubitz v. YaserAppellate Division of the Supreme Court of the State of New York · 2007
7 more not listed; retrieve them via the Exa API.