Berbery v. Yin Kuen Yeung
Cases that cite this one
1 later published case cites this decision.
- James v. Yoen Wah Rental, Inc. (Appellate Division of the Supreme Court of New York 2003)
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
Order, Supreme Court, New York
The properly certified and affirmed medical affirmations submitted by defendant, noting the absence of any objective basis for plaintiffs’ subjective complaints, were sufficient to meet defendant movant’s initial burden to make a prima facie showing that plaintiffs’ injuries were not serious within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 NY2d 955). By contrast, the medical affirmations submitted by plaintiffs in opposition to defendant’s motion were insufficient to rebut defendant’s showing. Apart from their formal deficiencies, such affirmations were substantively inadequate for, inter alia, their failure to indicate whether objective tests were performed to confirm plaintiffs’ subjective complaints of pain, or to quantify the severity of the limitations of motion purportedly found upon examination (see, Toure v Avis Rent A Car Sys., 284 AD2d 271). Concur — Andrias, J.P., Rosenberger, Lerner, Buckley and Marlow, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.