Robinson v. Lawrence
Cases that cite this one
1 later published case cites this decision.
- Cervantes v. McDermott (Appellate Division of the Supreme Court of New York 2017)
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 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 defendants failed to adequately address the plaintiffs claim, set forth in her bill of particulars, that as a result of the subject accident, she sustained certain injuries to her right knee (see Rahman v Sarpaz, 62 AD3d 979, 980 [2009]; Joseph v Hampton, 48 AD3d 638, 638-639 [2008]).
Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint, regardless of the sufficiency of the plaintiffs opposition papers (see Rahman v Sarpaz, 62 AD3d at 980; Joseph v Hampton, 48 AD3d at 639). Angiolillo, J.E, Balkin, Austin and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.