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6 A.D.3d 525

Trigg v. Gradischer

Appellate Division of the Supreme Court of the State of New York · decided 2004-04-12

Cited by 2 later decisions — most recently July 2012

1 state decisions

Key passage — most relied on by later courts

“In opposition, the plaintiffs submitted medical evidence that they each sustained herniated discs and decreased ranges of motion in their lumbar and cervical spines. The plaintiffs’ treating physician affirmed that the plaintiffs’ injuries were permanent and casually related to the subject motor vehicle accident. This evidence was sufficient to raise a triable issue of fact (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345 , 746 N.Y.S.2d 865 , 774 N.E.2d 1197 [ (2002) ] supra; Acosta v. Rubin, 2 A.D.3d 657 , 768 N.Y.S.2d 642 [ (2003) ]).”

quoted by 1 later decision, including 873 F. Supp. 2d 493 - Connolly v. Peerless Insurance

Good law ✅— No negative treatment on recordhow we know

Decided 2004-04-12

View the full empirical analysis of this case →

¶1In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated March 24, 2003, as granted the defendants’ motion for summary judgment dismissing the complaint on the ground that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d).

¶2Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.

¶3The defendant made a prima facie showing that neither of the plaintiffs sustained 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 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955 [1992]). In opposition, the plaintiffs submitted medical evidence that they each sustained herniated discs and decreased ranges of motion in their lumbar and cervical spines. The plaintiffs’ treating physician affirmed that the plaintiffs’ injuries were permanent and causally related to the subject motor vehicle accident. This evidence was sufficient to raise a triable issue of fact (see Toure v Avis Rent A Car Sys., supra; Acosta v Rubin, 2 AD3d 657 [2003]). Prudenti, P.J., Florio, H. Miller, Schmidt and Cozier, JJ., concur.

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