Mugno v. Juran
Cases that cite this one
11 later published cases cite this decision.
- Stewart v. Perez (Appellate Division of the Supreme Court of New York 2011)
- CREWE, ARIANE v. PISANOVA, TATJANA (Appellate Division of the Supreme Court of New York 2015)
- CREWE, ARIANE v. PISANOVA, TATJANA (Appellate Division of the Supreme Court of New York 2015)
- Crewe v. Pisanova (Appellate Division of the Supreme Court of New York 2015)
- Crewe v. Pisanova (Appellate Division of the Supreme Court of New York 2015)
- Marquez v. Brower (Appellate Division of the Supreme Court of New York 2012)
- Marquez v. Brower (Appellate Division of the Supreme Court of New York 2012)
- Refuse v. Magloire (Appellate Division of the Supreme Court of New York 2011)
- Cabby v. Leon (Appellate Division of the Supreme Court of New York 2011)
- Bangar v. Man Sing Wong (Appellate Division of the Supreme Court of New York 2011)
- Aujour v. Singh (Appellate Division of the Supreme Court of New York 2011)
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 Jose A. Vera and Rodrigo Perez appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Kelly, J.), entered July 13, 2010, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them 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 insofar as appealed from, with costs.
The appellants failed to meet their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). The papers the appellants submitted in support of their motion for summary judgment failed to adequately address the plaintiffs claim, which she clearly set forth in her bill of particulars, that she sustained a medically-determined injury or impairment of a nonpermanent nature which prevented her from performing substantially all of the material acts which constituted her usual and customary daily activities for not less than 90 days during the 180 days immediately following the subject accident (see Insurance Law § 5102 [d]; Bright v Moussa, 72 AD3d 859, 860 [2010]; Menezes v Khan, 67 AD3d 654, 654-655 [2009]).
Despite this claim, neither the appellants’ expert neurologist, Dr. Monette Basson, nor their expert orthopedist, Dr. Robert
Since the appellants did not sustain their prima facie burden, it is unnecessary to determine whether the papers submitted by the plaintiff in opposition were sufficient to raise a triable issue of fact (see Linton v Nawaz, 14 NY3d 821, 822 [2010]; Bright v Moussa, 72 AD3d at 860; Menezes v Khan, 67 AD3d at 654-655).
Therefore, the Supreme Court properly denied the appellants’ motion for summary judgment. Dillon, J.P., Leventhal, Belen, Austin and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.