Jensen v. Nicmanda Trucking, Inc.
Appellate Division of the Supreme Court of the State of New York
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 (Agate, J.), dated December 28, 2006, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that he 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, and the defendants’ motion for summary judgment dismissing the complaint is denied.
Contrary to the Supreme Court’s determination, the defendants failed to make a prima facie showing that…
2Cases cited6 opinions
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- Gaddy v. EylerNew York Court of Appeals · 1992
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- Sayers v. HotAppellate Division of the Supreme Court of the State of New York · 2005
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