Legal Opinion
Frias v. James
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 2010PublishedCited by 12 opinions
1Opinion of the Court
Defendants failed to establish their prima facie entitlement to judgment as a matter of law with respect to plaintiffs claims under the “permanent consequential limitation of use of a body organ or member” and “significant limitation of use of a body function or system” categories of serious injury under Insurance Law § 5102 (d). In support of their motion, defendants submitted evidence that plaintiff was suffering from restrictions of motion in his lumbar spine, and the opinion of defendants’ *467examining neurologist that such restrictions were attributed to degenerative causes. That opinion,…
2Cases cited5 opinions
- Licari v. ElliottNew York Court of Appeals · 1982
- Pommells v. PerezNew York Court of Appeals · 2005
- Uddin v. CooperAppellate Division of the Supreme Court of the State of New York · 2006
- June v. Sheikh Ali AkhtarAppellate Division of the Supreme Court of the State of New York · 2009
- Glynn v. HopkinsAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by12 opinions
- Soho v. KonateAppellate Division of the Supreme Court of the State of New York · 2011
- Vera v. IslamAppellate Division of the Supreme Court of the State of New York · 2010
- McCree v. Sam Trans Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Karounos v. DoulalasAppellate Division of the Supreme Court of the State of New York · 2017
- Martinez v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2017
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