Legal Opinion

Hernandez v. Raffetto

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 2012Published

1Opinion of the Court

— In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Feinman, J.), entered January 11, 2012, which denied their 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) as a result of the subject accident.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.

The defendants met their prima facie burden of showing that the…

2Cases cited5 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Gaddy v. EylerNew York Court of Appeals · 1992
  3. Staff v. Mair YshuaAppellate Division of the Supreme Court of the State of New York · 2009
  4. Resek v. MorreareAppellate Division of the Supreme Court of the State of New York · 2010
  5. Raleigh v. RamAppellate Division of the Supreme Court of the State of New York · 2009

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