Appellate Division of the Supreme Court of New York, 2003

Ervin v. Helfant

Appellate Division of the Supreme Court of New York · Decided March 31, 2003

303 A.D.2d 716; 756 N.Y.S.2d 870

Cases that cite this one

5 later published cases cite this decision.

Forlong v. Faulton (Appellate Division of the Supreme Court of New York 2006)
Aronov v. Leybovich (Appellate Division of the Supreme Court of New York 2004)
Berkowitz v. Decker Transport Co. (Appellate Division of the Supreme Court of New York 2004)
Abid v. Edwards (Appellate Division of the Supreme Court of New York 2004)
O'Leary v. Bravo Hylan, LLC (Appellate Division of the Supreme Court of New York 2004)

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 (Joseph, J.), entered May 22, 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.

In support of their motion for summary judgment dismissing the complaint, the defendants submitted evidence that the plaintiff was suffering from bulging discs and loss of range of motion in his cervical and lumbosacral spine. The defendants failed to demonstrate that the plaintiff’s injuries were not causally related to the subject accident, or that they were not serious within the meaning of Insurance Law § 5102 (d) (see Franca v Parisi, 298 AD2d 554 [2002]; Alexander v Felago, 297 AD2d 762, 764 [2002]; Volozhinets v DeHaven, 286 AD2d 437 [2001]). Since the defendants failed to establish, prima facie, their entitlement to judgment as a matter of law, the sufficiency of the papers in opposition need not be considered (see Chaplin v Taylor, 273 AD2d 188 [2000]; Mariaca-Olmos v Mizrhy, 226 AD2d 437 [1996]). Feuerstein, J.P., Goldstein, H. Miller and Rivera, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.