Sanderson v. Lonero Transit, Inc.

51 A.D.3d 764, 857 N.Y.S.2d 911

This text of 51 A.D.3d 764 (Sanderson v. Lonero Transit, Inc.) 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
Sanderson v. Lonero Transit, Inc., 51 A.D.3d 764, 857 N.Y.S.2d 911 (N.Y. Ct. App. 2008).

Opinion

In an action to recover damages for personal injuries, the defendants appeal from , an order of the Supreme Court, Kings County (Schmidt, J.), dated May 15, 2007, 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).

Ordered that the order is affirmed, with costs.

The defendants met their prima facie 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 [765]*765Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, however, the plaintiff raised a triable issue of fact. Mastro, J.E, Skelos, Lifson and Leventhal, JJ, concur.

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Related

Toure v. Avis Rent a Car Systems, Inc.
774 N.E.2d 1197 (New York Court of Appeals, 2002)
Gaddy v. Eyler
591 N.E.2d 1176 (New York Court of Appeals, 1992)

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Bluebook (online)
51 A.D.3d 764, 857 N.Y.S.2d 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanderson-v-lonero-transit-inc-nyappdiv-2008.