Kearse v. New York City Transit Authority

Decided 2005-01-31

Cited by 189 later decision(s) in our corpus · see the citation network in Lexace

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OPINION OF THE COURT Crane, J. This case presents the familiar question of whether the defendants on a motion for summary judgment have satisfied their prima facie burden of establishing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Just what evidence satisfies this burden has proven elusive, resulting in clarification by the Court of Appeals in more than…

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