Fontana v. Aamaar & Maani Karan Transit Corp.
Cases that cite this one
34 later published cases cite this decision. The 25 that cite it most often are listed here.
- Merone v. Five Towns Review, Corp. (Appellate Division of the Supreme Court of New York 2023)
- Angulo v. Yogi Trans Corp. (Appellate Division of the Supreme Court of New York 2023)
- Horowitz v. Santiago (Appellate Division of the Supreme Court of New York 2022)
- Amirova v. JND Trans, Inc. (Appellate Division of the Supreme Court of New York 2022)
- Adolphus v. Marchiony (Appellate Division of the Supreme Court of New York 2022)
- Toussaint v. Zomah (Appellate Division of the Supreme Court of New York 2020)
- McMahon v. Negron (Appellate Division of the Supreme Court of New York 2020)
- Devito v. Anatra (Appellate Division of the Supreme Court of New York 2020)
- MacInness v. Chao Wang (Appellate Division of the Supreme Court of New York 2019)
- Campanile v. Miller (Appellate Division of the Supreme Court of New York 2019)
- Zavala v. Zizzo (Appellate Division of the Supreme Court of New York 2019)
- Bienaime v. All Seasons Taxi Corp. (Appellate Division of the Supreme Court of New York 2019)
- Yu Feng Jiang v. Francois (Appellate Division of the Supreme Court of New York 2019)
- Gash v. Miller (Appellate Division of the Supreme Court of New York 2019)
- Heesook Choi v. Mendez (Appellate Division of the Supreme Court of New York 2018)
- Rivera v. Alvarado (Appellate Division of the Supreme Court of New York 2018)
- Apsel v. Steamy, Inc. (Appellate Division of the Supreme Court of New York 2018)
- Haring v. Toscano (Appellate Division of the Supreme Court of New York 2018)
- Anderson v. Foley (Appellate Division of the Supreme Court of New York 2018)
- Cavitolo v. Broser (Appellate Division of the Supreme Court of New York 2018)
- Baratov v. Robertson (Appellate Division of the Supreme Court of New York 2018)
- Larionova v. Nacovsky (Appellate Division of the Supreme Court of New York 2018)
- Soto v. Garzon (Appellate Division of the Supreme Court of New York 2018)
- Perez v. Dixon (Appellate Division of the Supreme Court of New York 2018)
- Amato v. Gorecik (Appellate Division of the Supreme Court of New York 2018)
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
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Lane, J), entered December 3, 2013, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.
*580 Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is denied.
In support of their motion for summary judgment dismissing the complaint, the defendants met 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 submitted competent medical evidence establishing, prima facie, that the alleged injuries to the cervical and lumbar regions of the plaintiffs spine were not caused by the accident (see generally Jilani v Palmer, 83 AD3d 786, 787 [2011]).
In opposition, however, the plaintiff raised triable issues of fact as to whether the alleged injuries to the cervical and lumbar regions of his spine were caused by the accident (see Perl v Meher, 18 NY3d 208, 218-219 [2011]; Iovino v Scholl, 69 AD3d 799, 800 [2010]).
Therefore, the Supreme Court should have denied the defendants’ motion for summary judgment dismissing the complaint.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.