Mariaca-Olmos v. Mizrhy
Cases that cite this one
147 later published cases cite this decision. The 25 that cite it most often are listed here.
- Hunter v. R.J.L. Development, LLC (Appellate Division of the Supreme Court of New York 2007)
- June v. Sheikh Ali Akhtar (Appellate Division of the Supreme Court of New York 2009)
- La Lanterna, Inc. v. Fareri Enterprises, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Sedita v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2007)
- Mavroudes v. Cronin & Byczek, LLP (Appellate Division of the Supreme Court of New York 2007)
- Mikhaylo v. Chechelnitskiy (Appellate Division of the Supreme Court of New York 2007)
- Mallick v. Farfan (Appellate Division of the Supreme Court of New York 2006)
- Nejat v. Alvi (Appellate Division of the Supreme Court of New York 2002)
- Julemis v. Gates (Appellate Division of the Supreme Court of New York 2001)
- Papadonikolakis v. First Fidelity Leasing Group, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Coscia v. 938 Trading Corp. (Appellate Division of the Supreme Court of New York 2001)
- Jusino v. Gallagher (Appellate Division of the Supreme Court of New York 2001)
- Acevedo v. Ryder TRS, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Taccetta v. Scotto (Appellate Division of the Supreme Court of New York 2001)
- Murphy v. Kaplan (Appellate Division of the Supreme Court of New York 2001)
- Garver v. Ming Chao Lu (Appellate Division of the Supreme Court of New York 2000)
- Ariel v. Prakopf (Appellate Division of the Supreme Court of New York 2000)
- Perez v. Johnson (Appellate Division of the Supreme Court of New York 2010)
- Smithtown Health Care Facility v. McCormack (Appellate Division of the Supreme Court of New York 2007)
- Restrepo v. Rockland Corp. (Appellate Division of the Supreme Court of New York 2007)
- Umar v. Ohrnberger (Appellate Division of the Supreme Court of New York 2007)
- Torres v. Safety Cab Corp. (Appellate Division of the Supreme Court of New York 2006)
- Thomas v. Smith (Appellate Division of the Supreme Court of New York 2006)
- Kelly v. Rehfeld (Appellate Division of the Supreme Court of New York 2006)
- Salina v. Joseph (Appellate Division of the Supreme Court of New York 2006)
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 an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated February 28, 1995, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff has not suffered a serious injury within the meaning of Insurance Law § 5102 (d).
The Supreme Court improperly granted the defendants’ motion for summary judgment. A magnetic resonance imaging of the plaintiffs lumbosacral spine shows, inter alia, a "centrally bulging annulus at [the] L5-S1 level.” The defendants failed to submit sufficient evidence to establish as a matter of law that this injury is not causally related to the accident in question or that it is not a serious injury within the meaning of Insurance Law § 5102 (d). Thus, the defendants failed to meet their burden of establishing their entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324). Under these circumstances, we need not consider whether the plaintiffs papers in opposition to the defendants’ motion were sufficient to raise a triable issue of fact (see, Holtz v Niagara Mohawk Power Corp., 147 AD2d 857, 858). Mangano, P. J., Thompson, Florio and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.