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Soldano v. City of New York

82 A.D.3d 870, 918 N.Y.2d 357
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 8, 2011
StatusPublished

This text of 82 A.D.3d 870 (Soldano v. City of New York) 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
Soldano v. City of New York, 82 A.D.3d 870, 918 N.Y.2d 357 (N.Y. Ct. App. 2011).

Opinion

The Supreme Court properly concluded that the appellants failed to meet their prima facie burden of showing that the plaintiff in action No. 1, Nicholas Soldano, 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]). Since the appellants failed to meet their prima facie burden as movants, we need not review the sufficiency of the opposition papers (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Mastro, J.P, Florio, Dickerson, Belen and Lott, 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)
Alvarez v. Prospect Hospital
501 N.E.2d 572 (New York Court of Appeals, 1986)
Gaddy v. Eyler
591 N.E.2d 1176 (New York Court of Appeals, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
82 A.D.3d 870, 918 N.Y.2d 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soldano-v-city-of-new-york-nyappdiv-2011.