Diaz v. Kanuteh

Appellate Division of the Supreme Court of New York

Diaz v. Kanuteh

38 A.D.3d 447, 831 N.Y.S.2d 322

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

DecidedMarch 27, 2007

StatusPublished

This text of 38 A.D.3d 447 (Diaz v. Kanuteh) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Diaz v. Kanuteh, 38 A.D.3d 447, 831 N.Y.S.2d 322 (N.Y. Ct. App. 2007).

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Opinion

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered February 3, 2006, which granted the motion by defendants Kanuteh and Ceesay’s Express, and the cross motions by defendants Michely, Boles, H Im Kwang and J Im Sung, for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Each pair of movants established a prima facie case that plaintiffs injuries were not serious, by nonconclusory affidavits from medical experts who examined plaintiff and found no injury from the 1999 accident that satisfied the statutory threshold (Insurance Law § 5102 [d]). When the burden then shifted to plaintiff, his medical expert could offer only a conclusory opinion as to causation (see Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). Concur—Tom, J.P., Williams, Buckley, Gonzalez and Sweeny, JJ.

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Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered February 3, 2006, which granted the motion by defendants Kanuteh and Ceesay’s Express, and the cross motions by defendants Michely, Boles, H Im Kwang and J Im Sung, for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Each pair of movants established a prima facie case that plaintiffs injuries were not serious, by nonconclusory affidavits from medical experts who examined plaintiff and found no injury from the 1999 accident that satisfied the statutory threshold (Insurance Law § 5102 [d]). When the burden then shifted to plaintiff, his medical expert could offer only a conclusory opinion as to causation (see Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). Concur—Tom, J.P., Williams, Buckley, Gonzalez and Sweeny, JJ.

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Bluebook (online)

38 A.D.3d 447, 831 N.Y.S.2d 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-kanuteh-nyappdiv-2007.

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