Appellate Division of the Supreme Court of New York, 2012

Gellis v. Singho

Appellate Division of the Supreme Court of New York · Decided February 14, 2012

92 A.D.3d 720; 938 N.Y.2d 448

Cases that cite this one

3 later published cases cite this decision.

Pendleton v. Bizzoco (Appellate Division of the Supreme Court of New York 2017)
Ruisi v. . Parrott (Appellate Division of the Supreme Court of New York 2013)
Ruisi v. . Parrott (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

The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) to her brain or the cervical region of her spine 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]; see also Matthews v Cupie Transp. Corp., 302 AD2d 566 [2003]).

In opposition, the plaintiff raised a triable issue of fact as to whether she sustained a serious injury to her brain under the permanent consequential limitation of use category of Insurance Law § 5102 (d) as a result of the subject accident (see Perl v Meher, 18 NY3d 208 [2011]). Accordingly, the Supreme Court *721properly denied the defendants’ 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). Dillon, J.E, Florio, Chambers and Roman, JJ., concur.

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