Letellier v. Walker
Cases that cite this one
30 later published cases cite this decision. The 25 that cite it most often are listed here.
- Gualtieri v. Farina (District Court, S.D. New York 2003)
- Chinnici v. Brown (Appellate Division of the Supreme Court of New York 2002)
- Philippe v. Islam (New York Supreme Court, Kings County 2025)
- Philippe v. Islam (New York Supreme Court, Kings County 2025)
- Yar v. Singh (New York Supreme Court, Kings County 2024)
- Yar v. Singh (New York Supreme Court, Kings County 2024)
- Sanchez v. Williamsburg Volunteer of Hatzolah, Inc. (Appellate Division of the Supreme Court of New York 2008)
- Ciordia v. Luchian (Appellate Division of the Supreme Court of New York 2008)
- Shamsoodeen v. Kibong (Appellate Division of the Supreme Court of New York 2007)
- Kouros v. Mendez (Appellate Division of the Supreme Court of New York 2007)
- Amato v. Fast Repair Inc. (Appellate Division of the Supreme Court of New York 2007)
- Hasner v. Budnik (Appellate Division of the Supreme Court of New York 2006)
- Ranasinghe v. DelRosso (Appellate Division of the Supreme Court of New York 2003)
- Diaz v. Turner (Appellate Division of the Supreme Court of New York 2003)
- Diaz v. Wiggins (Appellate Division of the Supreme Court of New York 2000)
- Bucci v. Kempinski (Appellate Division of the Supreme Court of New York 2000)
- Lee v. Rosio (Appellate Division of the Supreme Court of New York 1999)
- Lee v. Rosio (Appellate Division of the Supreme Court of New York 1999)
- Polizzi v. Won Jun Choi (Appellate Division of the Supreme Court of New York 1999)
- Lalli v. Tamasi (Appellate Division of the Supreme Court of New York 1999)
- Snyder v. Perez (Appellate Division of the Supreme Court of New York 1998)
- Zuckerman v. Karagjozi (Appellate Division of the Supreme Court of New York 1998)
- Kosto v. Bonelli (Appellate Division of the Supreme Court of New York 1998)
- Gutierrez v. Metropolitan Suburban Bus Authority (Appellate Division of the Supreme Court of New York 1997)
- Tirado v. Craig (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated December 9, 1994, which, inter alia, granted the defendant’s cross motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The affidavit and report prepared by Dr. Howard B. Reiser, a neurologist, which the defendant submitted in support of her cross motion for summary judgment made out a prima facie
In opposition to the cross motion, the plaintiff submitted the affidavit and report of Sharon Zeevi, a chiropractor, and the affirmation and report of Edouard Kamhi, an orthopedist. These documents were prepared approximately two years after the physical examinations and the Magnetic Resonance Imaging procedure upon which the opinions thereon were based (see, Beckett v Conte, 176 AD2d 774; Philpotts v Petrovic, 160 AD2d 856; Covington v Cinnirella, 146 AD2d 565). Thus, there was insufficient proof of the duration of the alleged impairment.
Moreover, in light of the plaintiff’s admission in her bill of particulars that she missed less than three weeks of work as a result of the accident, we further conclude that the plaintiff failed to raise a triable issue of fact as to whether her injuries prevented her from performing "substantially all” of the material acts constituting her customary daily activities during at least 90 out of the first 180 days following the accident (see, Covington v Cinnirella, supra). Mangano, P. J., Miller, Copertino, Santucci and Hart, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.