McLoud v. Reyes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant met his prima facie burden of showing that the plaintiff Supreme K. McLoud 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 opposition, the plaintiffs failed to raise a triable issue of fact. The medical records submitted by the plaintiffs from Medical Care 4 You, P.C., were not in admissible form since they were uncertified (see Rush v Kwan Chiu, 79 AD3d 1004 [2010]; Lozusko v Miller, 72 AD3d 908 [2010]; Mejia v…
2Cases cited24 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Licari v. ElliottNew York Court of Appeals · 1982
- Sainte-Aime v. HoAppellate Division of the Supreme Court of the State of New York · 2000
- Mejia v. DeRoseAppellate Division of the Supreme Court of the State of New York · 2006
19 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Lively v. FernandezAppellate Division of the Supreme Court of the State of New York · 2011
- Il Chung Lim v. ChrabaszczAppellate Division of the Supreme Court of the State of New York · 2012
- Bamundo v. FieroAppellate Division of the Supreme Court of the State of New York · 2011
- Cebron v. TuncogluAppellate Division of the Supreme Court of the State of New York · 2013
- Dunbar v. Prahovo Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
22 more not listed; retrieve them via the Exa API.