AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

GEORGE L. STOUDEMIRE, JR., appellant, v. JOSE E. ROMERE, ET AL., respondents.

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the cross motion is denied, and the motion is granted.

The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject motor vehicle accident ( see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345; Gaddy v. Eyler, 79 N.Y.2d 955). However, the affirmation of the plaintiff's physician submitted in opposition to the defendants' cross motion raised a triable issue of fact as to whether the plaintiff sustained a serious injury. Accordingly, the Supreme Court erred in granting the defendants' cross motion for summary judgment.

Moreover, in this rear-end collision case, where the defendants failed to come forth with any reasonable explanation for the accident, the plaintiff was entitled to summary judgment on the issue of liability ( see Krakowska v. Niksa, 298 A.D.2d 561, lv denied 1 N.Y.3d 501; Reed v. New York City Tr. Auth., 299 A.D.2d 330).

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

Use AI to get other relevant cases.

Comments

STOUDEMIRE v. ROMERE
(Mar 29, 2004)