Appellate Division of the Supreme Court of New York, 2011

Jno-Baptiste v. Buckley

Appellate Division of the Supreme Court of New York · Decided March 22, 2011

82 A.D.3d 578; 919 N.Y.2d 22

Cases that cite this one

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

Alvarez v. NYLL Management Ltd. (Appellate Division of the Supreme Court of New York 2014)
Thomas v. City of New York (Appellate Division of the Supreme Court of New York 2012)
Thomas v. City of New York (Appellate Division of the Supreme Court of New York 2012)
Hall v. Uber Tech., Inc. (Appellate Division of the Supreme Court of New York 2023)
Maraj v. Fletcher (Appellate Division of the Supreme Court of New York 2020)
Olivare v. Tomlin (Appellate Division of the Supreme Court of New York 2020)
Morales v. Cabral (Appellate Division of the Supreme Court of New York 2019)
Cano v. U-Haul Co. of Ariz. (Appellate Division of the Supreme Court of New York 2019)
Alverio v. Martinez (Appellate Division of the Supreme Court of New York 2018)
Booth v. Milstein (Appellate Division of the Supreme Court of New York 2017)
Cattouse v. Smith (Appellate Division of the Supreme Court of New York 2017)
Khanfour v. Nayem (Appellate Division of the Supreme Court of New York 2017)
Mejia v. Ramos (Appellate Division of the Supreme Court of New York 2015)
St. Clair v. Giroux (Appellate Division of the Supreme Court of New York 2015)
Acosta v. Vidal (Appellate Division of the Supreme Court of New York 2014)
Coley v. DeLarosa (Appellate Division of the Supreme Court of New York 2013)
Coley v. DeLarosa (Appellate Division of the Supreme Court of New York 2013)
Idemudia v. Fields (Appellate Division of the Supreme Court of New York 2013)
Idemudia v. Fields (Appellate Division of the Supreme Court of New York 2013)
Colon v. Torres (Appellate Division of the Supreme Court of New York 2013)
Colon v. Torres (Appellate Division of the Supreme Court of New York 2013)
Ricketts v. Cuffe Auto Sales, Inc. (Appellate Division of the Supreme Court of New York 2013)
Ricketts v. Cuffe Auto Sales, Inc. (Appellate Division of the Supreme Court of New York 2013)
Rivera v. Gonzalez (Appellate Division of the Supreme Court of New York 2013)
Rivera v. Gonzalez (Appellate Division of the Supreme Court of New York 2013)

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

Defendant’s submissions, including the affirmed report of an orthopedist and the transcript of plaintiffs deposition, met his prima facie burden of showing that plaintiff had not suffered a serious injury within the meaning of Insurance Law § 5102 (d). In opposition, plaintiff failed to raise a triable issue with respect to whether she suffered a permanent consequential or significant limitation. The MRI report merely shows findings “suggestive of transient patellar dislocation.” However, a dislocation alone, without evidence of some permanent or significant limitation, does not constitute a serious injury (see Licygiewicz v Stearns, 61 AD3d 1254 [2009]).

The assertion of plaintiffs physiatrist that plaintiff suffered from an 18% loss of flexion in her right knee, conflicts with the affidavit of her physical therapist, indicating that, 18 months *579earlier, plaintiff had full range of motion in her right knee, and had reached maximum medical benefit from physical therapy. The physiatrist makes no attempt to explain the conflicting findings, and defendant is thus entitled to summary judgment on this basis (see Pou v E&S Wholesale Meats, Inc., 68 AD3d 446, 447 [2009]).

The record also shows that plaintiff missed only one month of work after the accident. Although she claimed that she was unable to perform her usual and customary activities for more than 90 of the 180 days following the accident, without any substantiating medical documentation, plaintiff’s testimony alone does not suffice to show a serious injury under the 90/ 180-day category of Insurance Law § 5102 (d) (see Nelson v Distant, 308 AD2d 338, 340 [2003]). Concur — Tom, J.E, Andrias, Sweeny, Moskowitz and Renwick, JJ.

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