Dunbar v. Prahovo Taxi, Inc.
Cases that cite this one
2 later published cases cite this decision.
- Martinez v. Yi Zhong Chen (Appellate Division of the Supreme Court of New York 2012)
- Bamundo v. Fiero (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 appeal from an order of the Supreme Court, Queens County (Rosengarten, J.), entered November 19, 2010, 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 reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.
In opposition, the plaintiff failed to raise a triable issue of fact as to whether the alleged injuries to his left knee constituted a serious injury within the meaning of Insurance Law § 5102 (d) (see McLoud v Reyes, 82 AD3d 848 [2011]) and as to whether the alleged injuries to his left shoulder were caused by the subject accident (see Singh v City of New York, 71 AD3d at 1122). Finally, he failed to raise a triable issue of fact as to whether he sustained a serious injury under the 90/180-day category of Insurance Law § 5102 (d) as a result of the subject accident (see Jean v Labin-Natochenny, 77 AD3d 623, 624 [2010]).
Accordingly, the Supreme Court should have granted the defendants’ motion for summary judgment dismissing the complaint. Rivera, J.E, Angiolillo, Eng, Chambers and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.