Appellate Division of the Supreme Court of New York, 2002

Grant v. Heli Trucker, Inc.

Appellate Division of the Supreme Court of New York · Decided May 28, 2002

294 A.D.2d 538; 742 N.Y.S.2d 874; 2002 N.Y. App. Div. LEXIS 5528

Cases that cite this one

3 later published cases cite this decision.

Willis v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2005)
Vucic v. Rodriguez (Appellate Division of the Supreme Court of New York 2003)
Taher v. Valerio-Mena (Civil Court of the City 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

—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, *539Kings County (Harkavy, J.), dated March 13, 2001, 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 motion is granted, and the complaint is dismissed.

The defendants’ motion for summary judgment dismissing the complaint should have been granted. The defendants established a prima facie case that the plaintiffs injuries were not serious through the affirmed reports of an orthopedist and a neurologist, both of whom examined her and found no evidence of disability (see Gaddy v Eyler, 79 NY2d 955, 956-957). The only competent medical evidence submitted by the plaintiff in opposition, a physician’s affirmation, failed to raise a triable issue of fact (see Grossman v Wright, 268 AD2d 79). Altman, J.P., Smith, Krausman, McGinity and Cozier, JJ., concur.

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