Chaplin v. Taylor
Cases that cite this one
101 later published cases cite this decision. The 25 that cite it most often are listed here.
- Sainte-Aime v. Ho (Appellate Division of the Supreme Court of New York 2000)
- McCluskey v. Aguilar (Appellate Division of the Supreme Court of New York 2004)
- Claude v. Clements (Appellate Division of the Supreme Court of New York 2003)
- Gray v. Lasurdo (Appellate Division of the Supreme Court of New York 2003)
- Lee v. Lacalandra (Appellate Division of the Supreme Court of New York 2003)
- Argudo v. Scandariato (Appellate Division of the Supreme Court of New York 2003)
- Trunk v. Spross (Appellate Division of the Supreme Court of New York 2003)
- Woods-Smith v. Tighe (Appellate Division of the Supreme Court of New York 2002)
- Moiseau v. Dumas-Williams (Appellate Division of the Supreme Court of New York 2002)
- Jankowsky v. Smith (Appellate Division of the Supreme Court of New York 2002)
- Papadonikolakis v. First Fidelity Leasing Group, Inc. (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)
- Morales v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2001)
- Urbanski v. Mulieri (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)
- Wade v. Lipkin (Appellate Division of the Supreme Court of New York 2000)
- Sabater-Dominguez v. Greenwald (Appellate Division of the Supreme Court of New York 2000)
- June v. Sheikh Ali Akhtar (Appellate Division of the Supreme Court of New York 2009)
- Howell v. RS Cab Corp. (Appellate Division of the Supreme Court of New York 2009)
- Rezvani v. Somnay (Appellate Division of the Supreme Court of New York 2009)
- Quick v. G.G.'s Pizza & Pasta, Inc. (Appellate Division of the Supreme Court of New York 2008)
- Hummel v. County of Nassau (Appellate Division of the Supreme Court of New York 2008)
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 from an order of the Supreme Court, Nassau County (Franco, J.), dated July 7, 1999, which denied their motion, inter alia, 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 affirmed, with costs.
The Supreme Court properly denied the defendants’ motion. A Magnetic Resonance Imaging of the plaintiff’s cervical spine and lower back shows a posterior herniated disc at C4-5. A disc herniation may constitute a serious injury within the meaning of the Insurance Law (see, Flanagan v Hoeg, 212 AD2d 756, 757; Boehm v Estate of Mack, 255 AD2d 749). The defendants failed to demonstrate that the herniation was not causally related to the subject accident. Accordingly, the defendants failed to make a prima facie case for judgment as a matter of law. Under these circumstances, we need not consider whether the plaintiff’s papers were sufficient to raise a triable issue of fact (see, Mariaca-Olmos v Mizrhy, 226 AD2d 437). Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.