Jacobowitz v. Roventini
Cases that cite this one
5 later published cases cite this decision.
- Salomon v. Hadco Aluminum & Metal Corp. (Appellate Division of the Supreme Court of New York 2003)
- Pech v. Yael Taxi Corp. (Appellate Division of the Supreme Court of New York 2003)
- Fabiano v. Kirkorian (Appellate Division of the Supreme Court of New York 2003)
- Mela v. Gentile (Appellate Division of the Supreme Court of New York 2003)
- Ejzerman v. Cruz (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
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Rosenberg, J.), dated June 4, 2002, which 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 affirmed, with costs.
The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Gaddy v Eyler, 79 NY2d 955). However, the plaintiffs admissible medical evidence, showing that he suffers from disc bulges and a herniation in the cervical spine, together with evidence of a causally-related degree of limitation in the range of motion of his cervical spine and its duration, were sufficient to raise a triable issue of fact (see Toure v Avis Rent A Car Sys., 98 NY2d 345). Altman, J.P., Smith, Luciano, Adams and Cozier, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.