Appellate Division of the Supreme Court of New York, 2000

Arshad v. Gomer

Appellate Division of the Supreme Court of New York · Decided January 18, 2000

268 A.D.2d 450; 701 N.Y.S.2d 919; 2000 N.Y. App. Div. LEXIS 567

Cases that cite this one

64 later published cases cite this decision. The 25 that cite it most often are listed here.

Strenk v. Rodas (Appellate Division of the Supreme Court of New York 2013)
Strenk v. Rodas (Appellate Division of the Supreme Court of New York 2013)
Pamphile v. Bastien (Appellate Division of the Supreme Court of New York 2009)
Shmerkovich v. Sitar Corp. (Appellate Division of the Supreme Court of New York 2009)
Conder v. City of New York (Appellate Division of the Supreme Court of New York 2009)
Picott v. Lewis (Appellate Division of the Supreme Court of New York 2006)
Kaplan v. Vanderhans (Appellate Division of the Supreme Court of New York 2006)
Colon v. Vargas (Appellate Division of the Supreme Court of New York 2006)
Barzey v. Clarke (Appellate Division of the Supreme Court of New York 2006)
Ranzie v. Abdul-Massih (Appellate Division of the Supreme Court of New York 2006)
Faulkner v. Steinman (Appellate Division of the Supreme Court of New York 2006)
Bravo v. Rehman (Appellate Division of the Supreme Court of New York 2006)
Oliva v. Gross (Appellate Division of the Supreme Court of New York 2006)
Vishnevsky v. Glassberg (Appellate Division of the Supreme Court of New York 2006)
Gavin v. Sati (Appellate Division of the Supreme Court of New York 2006)
Ramirez v. Parache (Appellate Division of the Supreme Court of New York 2006)
Casella v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2005)
Howell v. Reupke (Appellate Division of the Supreme Court of New York 2005)
Kivlan v. Louis Acevedo (Appellate Division of the Supreme Court of New York 2005)
Batista v. Olivo (Appellate Division of the Supreme Court of New York 2005)
Holder v. Brown (Appellate Division of the Supreme Court of New York 2005)
Teodoru v. Conway Transport Service, Inc. (Appellate Division of the Supreme Court of New York 2005)
Paykina v. Golden (Appellate Division of the Supreme Court of New York 2005)
Hernandez v. Diva Cab Corp. (Appellate Division of the Supreme Court of New York 2005)
Springer v. Arthurs (Appellate Division of the Supreme Court of New York 2005)

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 defendant appeals from an order of the Supreme Court, Nassau County (Alpert, J.), dated February 3, 1999, which denied his 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, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant made a prima facie showing of entitlement to judgment as a matter of law. In opposition, the plaintiff failed to raise an issue of fact as to whether he had sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 NY2d 955). The plaintiff’s evidence in opposition to the defendant’s motion consisted of certain notes of his treating physician, which were not in admissible form (see, DiNunzio v County of Suffolk, 256 AD2d 498). His claim that he was unable to work for six months following the accident was not supported by any competent medical evidence linking the purported inability to work with his alleged *451accident-related injuries (see, DiNunzio v County of Suffolk, supra). Bracken, J. P., Santucci, Altman and H. Miller, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.