Appellate Division of the Supreme Court of New York, 2002

Castellon v. Ortez

Castellon v. Ortez
Appellate Division of the Supreme Court of New York · Decided September 23, 2002
297 A.D.2d 699; 747 N.Y.2d 387; 747 N.Y.S.2d 387; 2002 N.Y. App. Div. LEXIS 8677
Castellon v. Ortez

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

In opposition to the defendant’s prima facie showing of entitlement to judgment as a matter or law, the plaintiff met his burden of demonstrating the existence of a triable issue of fact with respect to whether he sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see Stark v Amadio, 239 AD2d 569; Rut v Grigonis, 214 AD2d 721; Toure v Avis Rent A Car Sys., 98 NY2d 345). Santucci, J.P., Smith, Goldstein, H. Miller and Mastro, JJ., concur.

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