Davis-Hassan v. Siad
Cases that cite this one
6 later published cases cite this decision.
- State of New York ex rel. Fruchtman v. Tire Rack, Inc. (Appellate Division of the Supreme Court of New York 2025)
- Carrier v. Gleba (Appellate Division of the Supreme Court of New York 2023)
- Diaz-Montez v. JEA Bus Co., Inc. (Appellate Division of the Supreme Court of New York 2019)
- Tesoriero v. Brinckerhoff Park, LLC (Appellate Division of the Supreme Court of New York 2015)
- Vaughan-Ware v. Darcy (Appellate Division of the Supreme Court of New York 2013)
- Vaughan-Ware v. Darcy (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 defendant met his prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning
In opposition, however, the plaintiff submitted evidence raising a triable issue of fact as to whether she sustained serious injuries to the cervical and lumbar regions of her spine (see Perl v Meher, 18 NY3d 208, 218-219 [2011]). Thus, the Supreme Court properly denied that branch of the defendant’s motion which was for summary judgment dismissing the complaint.
We have not considered the defendant’s remaining contention, regarding a gap in treatment, since it was improperly raised for the first time in his reply papers, and not considered by the Supreme Court (see Tadesse v Degnich, 81 AD3d 570, 570 [2011]; see also Petito v City of New York, 95 AD3d 1095, 1095 [2012]). Rivera, J.P., Dickerson, Leventhal and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.