Legal Opinion
Ortiz v. S&A Taxi Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 1, 2009PublishedCited by 6 opinions
1Opinion of the Court
*735While we affirm the order appealed from, we do so on a ground other than that relied upon by the Supreme Court. Contrary to the defendants’ contention on appeal, they failed to meet their 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 their motion, the defendants relied, inter alia, upon the affirmed medical report of their examining orthopedic surgeon, in which he…
2Cases cited5 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Coscia v. 938 Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Held v. HeidemanAppellate Division of the Supreme Court of the State of New York · 2009
- Buono v. SarnesAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by6 opinions
- Smith v. HartmanAppellate Division of the Supreme Court of the State of New York · 2010
- Jean v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Charles v. HowardAppellate Division of the Supreme Court of the State of New York · 2010
- Cheour v. Pete & Sals Harborview Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Goldman v. TilitzAppellate Division of the Supreme Court of the State of New York · 2010
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