Legal Opinion
Almonacid v. Meltzer
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1995PublishedCited by 10 opinions
1Opinion of the Court
—In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (O’Brien, J.), dated September 19, 1994, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Once the defendants submitted evidence establishing that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), the burden shifted to the plaintiff to produce evidentiary proof in admissible form demonstrating the existence of a triable issue of fact…
2Cases cited5 opinions
- Gaddy v. EylerNew York Court of Appeals · 1992
- Marshall v. AlbanoAppellate Division of the Supreme Court of the State of New York · 1992
- Jacondino v. LovisAppellate Division of the Supreme Court of the State of New York · 1992
- Tatti v. CummingsAppellate Division of the Supreme Court of the State of New York · 1993
- Iaria v. RomeroAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by10 opinions
- Lincoln v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1996
- Borino v. LittleAppellate Division of the Supreme Court of the State of New York · 2000
- Vignola v. VarrichioAppellate Division of the Supreme Court of the State of New York · 1997
- Marotta v. MastroianniAppellate Division of the Supreme Court of the State of New York · 2000
- Petropoulos v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
5 more not listed; retrieve them via the Exa API.