Perl v. Meher’s Empirical Analysis

Citation profile

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendants in Perl claim that there was insufficient evidence of a causal connection between Perl’s accident and his injury. They assert that here, as in Carrasco v. Mendez (decided with Pommells v. Perez), defendants “presented evidence of a preexisting degenerative ... condition causing plaintiffs alleged injuries, and plaintiff failed to rebut that evidence sufficiently to raise an issue of fact” (4 N.Y.3d [566] at 579, 797 N.Y.S.2d 380 , 830 N.E.2d 278 [ (2005) ]). Defendants in Perl did indeed present evidence, in the form of a sworn radiologist’s report based on an MRI, that Perl’s injuries were “degenerative in etiology and longstanding in nature, preexisting the accident.” However, plaintiffs’ contrary evidence, while hardly powerful, was sufficient to raise an issue of fact. * * * * * * The issue presented by this evidence, of course, is one of credibility, which is not for this Court to decide.”

   1 later decision quote this exact passage · from the majority
   e.g. 873 F. Supp. 2d 493 - Connolly v. Peerless Insurance