§Why CasetextPricing

Kyreese L. Franklin, Appellant,v.Carmen Rosa Gareyua, et al., Respondents.

Brief

13 Cited authorities

  1. Toure v. Avis Rent A Car Systems, Inc.

    98 N.Y.2d 345 (N.Y. 2002)   Cited 5,162 times
    Holding that MRI tests showing injury and muscle spasms support finding of serious injury under New York law

  2. Pommells v. Perez

    4 N.Y.3d 566 (N.Y. 2005)   Cited 2,059 times
    Holding that a plaintiff's claim survived summary judgment when her doctor stated that she had suffered severe and permanent injuries and that opinion was supported by measurements of loss of range of motion and an MRI revealing herniated discs

  3. Amatulli v. Delhi Constr Corp.

    77 N.Y.2d 525 (N.Y. 1991)   Cited 729 times
    Holding that a pool manufacturer was not held liable for injuries sustained when a plaintiff dove headfirst into a shallow above-ground pool where the manufacturer provided explicit instructions requiring above-ground installation but the user installed the pool in the ground thereby obscuring the shallow nature of the pool's depth

  4. Cornell v. 360 West 51st Street Realty, LLC

    2014 N.Y. Slip Op. 2096 (N.Y. 2014)   Cited 150 times   5 Legal Analyses
    Reversing denial of summary judgment in toxic tort case that included IIED claim because plaintiff failed to satisfy Parker causation standard

  5. Linton v. Nawaz

    2010 N.Y. Slip Op. 2835 (N.Y. 2010)   Cited 153 times

    No. 122 SSM 8. Decided April 6, 2010. APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered May 7, 2009. The Appellate Division modified, on the law, an order of the Supreme Court, New York County (Deborah A. Kaplan, J), which had denied a motion by defendants for summary judgment dismissing the complaint. The modification consisted of granting the motion to the extent of dismissing plaintiffs claim that he sustained

  6. Matott v. Ward

    48 N.Y.2d 455 (N.Y. 1979)   Cited 354 times
    Discussing formulation of medical expert's opinion regarding causation, and holding that the issue of causation was properly presented to the jury although the expert testified that he could not say with certainty that car accident was sole cause of plaintiff's condition

  7. Linton v. Nawaz

    62 A.D.3d 434 (N.Y. App. Div. 2009)   Cited 108 times
    Holding that where a doctor determined, contrary to the defendants' expert reports, that the plaintiff's injuries were caused by the accident "based on a full physical examination of plaintiff made within days of the onset of plaintiff's complaints . . . , which plaintiff told him ensued after he was involved in a traumatic accident," plaintiff had "raise[d] a triable issue as to whose medical opinion was worthy of greater weight"

  8. Alvarez v. Nyll Mgmt. Ltd.

    120 A.D.3d 1043 (N.Y. App. Div. 2014)   Cited 88 times

    12702 306222/09 09-11-2014 Marta Alvarez, Plaintiff-Appellant, v. NYLL Management Ltd., et al., Defendants-Respondents. Hallock & Malerba, P.C., Deer Park (James M. Sheridan, Jr. of counsel), for appellant. Baker, McEvoy, Morrissey & Moskowitz, P.C., Brooklyn (Marjorie E. Bornes of counsel), for respondents. Gonzalez , P.J., Sweeny, Moskowitz, Freedman, Kapnick, JJ. Hallock & Malerba, P.C., Deer Park (James M. Sheridan, Jr. of counsel), for appellant. Baker, McEvoy, Morrissey & Moskowitz, P.C., Brooklyn

  9. Alvarez v. Nyll Mgmt. Ltd.

    2015 N.Y. Slip Op. 1303 (N.Y. 2015)   Cited 58 times

    02-12-2015 Marta ALVAREZ, Appellant, v. NYLL MANAGEMENT LTD., et al., Respondents. The Law Offices of James M. Sheridan, Jr., P.C., Garden City (James M. Sheridan, Jr. of counsel), and Hallock & Malerba, P.C., Deer Park (Larry Hallock of counsel), for appellant. Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Colin F. Morrissey of counsel), for respondents. New York State Trial Lawyers Association, New York City (Michael S. Levine of counsel), for New York State Trial Lawyers Association, amicus

  10. Rivera v. Fernandez & Ulloa Auto Grp.

    123 A.D.3d 509 (N.Y. App. Div. 2014)   Cited 36 times

    13516 308178/10 12-11-2014 Richard RIVERA, et al., Plaintiffs–Appellants, v. FERNANDEZ & ULLOA AUTO GROUP, et al., Defendants–Respondents. The Law Office of Judah Z. Cohen, PLLC, Woodmere (Judah Z. Cohen of counsel), for appellants. Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel), for respondents. The Law Office of Judah Z. Cohen, PLLC, Woodmere (Judah Z. Cohen of counsel), for appellants.Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel)