Baez v. Rahamatali
Cases that cite this one
13 later published cases cite this decision.
- Fillette v. Lundberg (Appellate Division of the Supreme Court of New York 2017)
- Marrero v. Clemmons (District Court, E.D. New York 2019)
- COOK, CURTIS v. PETERSON, ALYSSA S. (Appellate Division of the Supreme Court of New York 2016)
- Linton v. Nawaz (Appellate Division of the Supreme Court of New York 2009)
- Warren v. Byun (New York Supreme Court 2009)
- Sully v. Kings Luxury, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Tagger v. Olympic Van Line, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Kaplun v. Septama (Appellate Division of the Supreme Court of New York 2007)
- Phillips v. Stephan Hacking Corp. (Appellate Division of the Supreme Court of New York 2007)
- Sookoo v. Paredes (Appellate Division of the Supreme Court of New York 2007)
- Williams v. Broomes (Appellate Division of the Supreme Court of New York 2007)
- Brewster v. FTM Servo, Corp. (Appellate Division of the Supreme Court of New York 2007)
- Kilmer v. Strek (Appellate Division of the Supreme Court of New York 2006)
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
The order of the Appellate Division should be affirmed, with costs.
Defendants met their initial burden of establishing that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, plaintiff failed to provide an objective medical basis supporting the conclusion that she sustained a serious injury (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350-351 [2002]). Moreover, plaintiff failed to come forward with evidence that her current alleged need for surgery is causally related to the automobile accident (see Pommells v Perez, 4 NY3d 566, 572, 580 [2005]). Summary judgment was therefore properly granted to defendants.
Chief Judge Kaye and Judges G.B. Smith, Cipajrick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.