Franchini v. Palmieri
Cases that cite this one
137 later published cases cite this decision. The 25 that cite it most often are listed here.
- Evans v. United States (District Court, E.D. New York 2013)
- Pommells v. Perez (N.Y. 2005)
- Gonzalez v. Green (Appellate Division of the Supreme Court of New York 2005)
- Alvarez v. United States (District Court, E.D. New York 2024)
- Sywak v. Grande (Appellate Division of the Supreme Court of New York 2023)
- Lamar v. Anastasi (Appellate Division of the Supreme Court of New York 2020)
- Woodward v. Ciamaricone (Appellate Division of the Supreme Court of New York 2019)
- Foley v. Cunzio (Appellate Division of the Supreme Court of New York 2010)
- Buono v. Sarnes (Appellate Division of the Supreme Court of New York 2009)
- Wolff v. Schweitzer (Appellate Division of the Supreme Court of New York 2008)
- Diaz v. Anasco (Appellate Division of the Supreme Court of New York 2007)
- Maye v. Stearns (Appellate Division of the Supreme Court of New York 2005)
- Shaw v. Looking Glass Associates, LP (Appellate Division of the Supreme Court of New York 2004)
- Brown v. Saczawa (New York Supreme Court, Kings County 2025)
- Nahshal v. Chait (New York Supreme Court, Kings County 2025)
- Berthold v. Williams (New York Supreme Court, Kings County 2025)
- Berthold v. Williams (New York Supreme Court, Kings County 2025)
- Philippe v. Islam (New York Supreme Court, Kings County 2025)
- Philippe v. Islam (New York Supreme Court, Kings County 2025)
- Saez v. Lyka Taxi Inc. (New York Supreme Court, New York County 2025)
- Cherfilus v. McAlmon (New York Supreme Court, Kings County 2025)
- Horodova v. Richard (New York Supreme Court, Kings County 2024)
- Horodova v. Richard (New York Supreme Court, Kings County 2024)
- Anderson v. Iltcheva (New York Supreme Court, Kings County 2024)
- Anderson v. Iltcheva (New York Supreme Court, Kings County 2024)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
In this negligence action to recover for injuries allegedly sustained in a motor vehicle accident, defendant properly relied on medical records and reports prepared by plaintiff s treating physicians to establish that plaintiff did not suffer a serious injury causally related to the accident. Defendant having established prima facie entitlement to summary judgment, the burden shifted to plaintiff to offer proof in admissible form sufficient to create a material issue of fact necessitating a trial (see Giuffrida v Citibank Corp., 100 NY2d 72, 81 [2003]). Plaintiffs submissions were insufficient to defeat summary judgment because her experts failed to adequately address plaintiff’s preexisting back condition and other medical problems, and did not provide any foundation or objective medical basis supporting the conclusions they reached (see Romano v Stanley, 90 NY2d 444, 451-452 [1997]; see also Toure v Avis Rent A Car Sys., 98 NY2d 345, 357-358 [2002]).
*538 Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.