Lam v. Dong
Cases that cite this one
20 later published cases cite this decision.
- Cortez v. Bray (Appellate Division of the Supreme Court of New York 2021)
- Diaz v. Vivar-Martinez (Appellate Division of the Supreme Court of New York 2021)
- Diaz v. Vivar-Martinez (Appellate Division of the Supreme Court of New York 2021)
- Tusu v. Leone (Appellate Division of the Supreme Court of New York 2020)
- Jung Ung Moon v. Kumbee Ree P Some (Appellate Division of the Supreme Court of New York 2020)
- Jung Ung Moon v. Kumbee Ree P Some (Appellate Division of the Supreme Court of New York 2020)
- Black v. Gordon (Appellate Division of the Supreme Court of New York 2019)
- Marino v. Amoah (Appellate Division of the Supreme Court of New York 2016)
- Jones v. MTA Bus Co. (Appellate Division of the Supreme Court of New York 2014)
- Farmer v. Ventkate Inc. (Appellate Division of the Supreme Court of New York 2014)
- Farmer v. Ventkate Inc. (Appellate Division of the Supreme Court of New York 2014)
- Clementson v. Price (Appellate Division of the Supreme Court of New York 2013)
- Clementson v. Price (Appellate Division of the Supreme Court of New York 2013)
- Grant v. United Pavers Co. (Appellate Division of the Supreme Court of New York 2012)
- Vaughan v. Leon (Appellate Division of the Supreme Court of New York 2012)
- Cividanes v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Martinez v. Goldmag Hacking Corp. (Appellate Division of the Supreme Court of New York 2012)
- Vega v. MTA Bus Co. (Appellate Division of the Supreme Court of New York 2012)
- Vega v. MTA Bus Co. (Appellate Division of the Supreme Court of New York 2012)
- Lazu v. Harlem Group, Inc. (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
Order, Supreme Court, New York County (Paul Wooten, J.), entered October 2, 2009, which, in an action for personal injuries sustained when plaintiff pedestrian was struck by a motor vehicle, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants established their entitlement to judgment as a matter of law by submitting affirmed medical reports of an orthopedist and a neurologist who concluded that plaintiff did not sustain a “permanent consequential limitation of use” or “significant limitation of use” of his head, neck or left knee (Insurance Law § 5102 [d]). Defendants also submitted affirmed reports of two radiologists who concluded that the MRIs of plaintiff’s neck, left knee and brain revealed preexisting degenerative conditions in the neck and knee, and a prior stroke in the brain. Defendants further alluded to plaintiffs testimony that he had fractured his left knee 30 years ago.
In opposition, plaintiff failed to raise a triable issue of fact. He presented an affirmed report of his orthopedist, who found limited ranges of motion in the neck and left knee over one year after the accident, and concluded that the injuries were causally related to the accident. However, absent admissible contemporaneous evidence of alleged limitations, plaintiff cannot raise an inference that his injuries were caused by the accident (see
Dismissal of plaintiffs 90/180-day claim was also appropriate, since plaintiff failed to raise a triable issue of fact as to causation or submit medical proof in support of the claim (see Amamedi v Archibala, 70 AD3d 449, 450 [2010], lv denied 15 NY3d 713 [2010]; Valentin v Pomilla, 59 AD3d 184, 186-187 [2009]). Concur — Saxe, J.P, Catterson, Acosta, Abdus-Salaam and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.