Appellate Division of the Supreme Court of New York, 1997

Ryan v. Lee Xuda

Appellate Division of the Supreme Court of New York · Decided October 6, 1997

243 A.D.2d 457; 663 N.Y.S.2d 220; 1997 N.Y. App. Div. LEXIS 9350

Cases that cite this one

23 later published cases cite this decision.

Toure v. Sanogo (New York Supreme Court, New York County 2024)
Rodriguez v. Saul (New York Supreme Court, New York County 2024)
Damas v. Valdes (Appellate Division of the Supreme Court of New York 2011)
Howard v. King (Appellate Division of the Supreme Court of New York 2003)
Connors v. Center City, Inc. (Appellate Division of the Supreme Court of New York 2002)
Keena v. Trappen (Appellate Division of the Supreme Court of New York 2002)
Butler v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2001)
Donisi v. Henderson (Appellate Division of the Supreme Court of New York 2001)
Paulino v. Xiaoyu Dai (Appellate Division of the Supreme Court of New York 2001)
Kahn v. Ramsarran (Appellate Division of the Supreme Court of New York 2001)
Pagan v. Advance Storage & Moving (Appellate Division of the Supreme Court of New York 2001)
Suk Hee Won v. Jung Woo Kang (Appellate Division of the Supreme Court of New York 2001)
Collazo v. Jun Yong Kim (Appellate Division of the Supreme Court of New York 2001)
Fiorentino v. Landau (Appellate Division of the Supreme Court of New York 2001)
Locascio v. Yin Gen Quan (Appellate Division of the Supreme Court of New York 2001)
Joseph v. Cherry (Appellate Division of the Supreme Court of New York 2000)
Mitchell v. Kowalski (Appellate Division of the Supreme Court of New York 2000)
Jackson v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2000)
Krakofsky v. Fox-Rizzi (Appellate Division of the Supreme Court of New York 2000)
Welcome v. Diab (Appellate Division of the Supreme Court of New York 2000)
Linares v. Mompoint (Appellate Division of the Supreme Court of New York 2000)
Herman v. Church (Appellate Division of the Supreme Court of New York 2000)
Sigona v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1998)

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 defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Bangs County (Rappaport, J.), dated June 5, 1996, as 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 reversed insofar as appealed from, on the law, with costs, the defendants’ motion is granted, and the complaint is dismissed.

The defendants met their initial burden of demonstrating that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). It was therefore incumbent on the plaintiff to come forward with sufficient evidence to create an issue of fact (see, Gaddy v Eyler, 79 NY2d 955, 956-957). The plaintiff failed to do so. In opposition to the motion, the plaintiff tendered proof of serious injury in inadmissible form; namely, unsworn doctors reports, and unsworn results of medical tests (see, Grasso v Angerami, 79 NY2d 813; Pagano v Kingsbury, 182 AD2d 268). Although the plaintiff submitted his own affidavit claiming an inability to engage in his customary daily activities, he did not submit a physician’s *458affidavit substantiating the existence of a “medically determined” injury producing the alleged impairment of his activities (Insurance Law § 5102 [d]; see, Traugott v Konig, 184 AD2d 765). Accordingly, the defendants were entitled to summary judgment dismissing the complaint (see, Licari v Elliott, 57 NY2d 230). Mangano, P. J., Copertino, Joy, Florio and Luciano, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.