Appellate Division of the Supreme Court of New York, 2007

Zamaniyan v. Vrabeck

Appellate Division of the Supreme Court of New York · Decided June 5, 2007

41 A.D.3d 472; 835 N.Y.S.2d 903

Cases that cite this one

33 later published cases cite this decision. The 25 that cite it most often are listed here.

Wright v. AAA Construction Services, Inc. (Appellate Division of the Supreme Court of New York 2008)
Guzman v. Joseph (Appellate Division of the Supreme Court of New York 2008)
McGregor v. Avellaneda (Appellate Division of the Supreme Court of New York 2008)
Barber v. Safety Marking Inc. (New York Supreme Court, Kings County 2025)
Kjono v. Fenning (Appellate Division of the Supreme Court of New York 2010)
Croyle v. Monroe Woodbury Central School District (Appellate Division of the Supreme Court of New York 2010)
Leopold v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2010)
Locke v. Buksh (Appellate Division of the Supreme Court of New York 2009)
Giacomaro v. Wilson (Appellate Division of the Supreme Court of New York 2009)
Bagot v. Kulbir Kaur Singh (Appellate Division of the Supreme Court of New York 2009)
Cohen v. Monteleone (Appellate Division of the Supreme Court of New York 2009)
Torres v. Garcia (Appellate Division of the Supreme Court of New York 2009)
Colon v. Chuen Sum Chu (Appellate Division of the Supreme Court of New York 2009)
Delayhaye v. Caledonia Limo & Car Service, Inc. (Appellate Division of the Supreme Court of New York 2009)
Alam v. Karim (Appellate Division of the Supreme Court of New York 2009)
Robinson v. Yeager (Appellate Division of the Supreme Court of New York 2009)
Hwa Soon Um v. Hoi Ku Yang (Appellate Division of the Supreme Court of New York 2009)
Landman v. Sarcona (Appellate Division of the Supreme Court of New York 2009)
Held v. Heideman (Appellate Division of the Supreme Court of New York 2009)
Alvarez v. Dematas (Appellate Division of the Supreme Court of New York 2009)
Buono v. Sarnes (Appellate Division of the Supreme Court of New York 2009)
Giammanco v. Valerio (Appellate Division of the Supreme Court of New York 2008)
Kontomichalos v. County of Nassau (Appellate Division of the Supreme Court of New York 2008)
Dux v. Maddaloni (Appellate Division of the Supreme Court of New York 2008)
Ali v. Rivera (Appellate Division of the Supreme Court of New York 2008)

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 plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated February 15, 2006, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

The defendant failed to meet his prima facie burden of showing that the plaintiff did not sustain a serious injury within the *473meaning of Insurance Law § 5102 (d) as a result of the subject motor vehicle accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). The defendant’s examining neurologist found limitations when he examined the plaintiff (see Smith v Delcore, 29 AD3d 890 [2006]; Sano v Gorelik, 24 AD3d 747 [2005]; Kaminsky v Waldner, 19 AD3d 370 [2005]; Omar v Bello, 13 AD3d 430 [2004]; Spuhler v Khan, 14 AD3d 693 [2005]; Scotti v Boutureira, 8 AD3d 652 [2004]). Since the defendant failed to establish his prima facie entitlement to judgment as a matter of law in the first instance, it is unnecessary to reach the question of whether the plaintiffs papers were sufficient to raise a triable issue of fact (see Coscia v 938 Trading Corp., 283 AD2d 538 [2001]). Mastro, J.P., Ritter, Skelos, Carni and McCarthy, JJ., concur.

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