Jenson v. Brooke
This text of 97 A.D.3d 539 (Jenson v. Brooke) 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.
Opinion
The defendants met their prima facie of 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]). The defendants submitted evidence establishing, prima facie, that none of the alleged injuries to the cervical and lumbar regions of the plaintiffs spine constituted a serious injury within the meaning of Insurance Law § 5102 (d) (see Rodriguez v Huerfano, 46 AD3d 794, 795 [2007]).
In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court should have granted the [540]*540defendants’ motion for summary judgment dismissing the complaint. Dillon, J.E, Balkin, Belen and Austin, JJ, concur.
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Cite This Page — Counsel Stack
97 A.D.3d 539, 947 N.Y.2d 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenson-v-brooke-nyappdiv-2012.