TaiLexi AI U.S. Case Law

Ahmed v. Jaekyoo Yoo

Israr Ahmed v. Jaekyoo Yoo

Ahmed v. Jaekyoo Yoo, 255 A.D.2d 345 (1998)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
November 9, 1998
Citations
255 A.D.2d 345679 N.Y.S.2d 8401998 N.Y. App. Div. LEXIS 11816

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated November 14, 1997, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

*346 The defendant established prima facie entitlement to summary judgment by submitting evidence demonstrating that the plaintiff did not sustain a “serious injury” (see, Insurance Law § 5102 [d]). In order to raise a triable issue of fact as to whether he suffered a “significant limitation of use of a body function or system” (Insurance Law § 5102 [d]), as alleged, the plaintiff was required to submit objective evidence of the extent or degree of the limitation and its duration (see, Beckett v Conte, 176 AD2d 774 ). The affidavit of the plaintiff’s physician failed to provide such evidence in that it relied on unsworn reports (see, Merisca v Alford, 243 AD2d 613 ; Friedman v U-Haul Truck Rental, 216 AD2d 266 ). Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1999: 12000: 319992026peak 2000 · 3

Relies on it most ⓘ

  1. Diaz v. Wiggins271 A.D.2d 639 (2000)
  2. Napoli v. Cunningham273 A.D.2d 366 (2000)
  3. Slasor v. Elfaiz275 A.D.2d 771 (2000)
  4. Zupan v. Hart266 A.D.2d 795 (1999)

Most recent

  1. Slasor v. Elfaiz275 A.D.2d 771 (2000)
  2. Napoli v. Cunningham273 A.D.2d 366 (2000)
  3. Diaz v. Wiggins271 A.D.2d 639 (2000)
  4. Zupan v. Hart266 A.D.2d 795 (1999)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Friedman v. U-Haul Truck Rental, 216 A.D.2d 266 (1995) 133
Beckett v. Conte, 176 A.D.2d 774 (1991) 110
Merisca v. Alford, 243 A.D.2d 613 (1997) 54

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list