Preview:

Samud v New York City Tr. Auth. (2006 NY Slip Op 50784(U))
[*1]


Decided on April 10, 2006
Supreme Court, Queens County

11455
Lawrence Vincent Cullen, J.
This is an action to recover damages for personal injuries allegedly suffered as a result of a motor vehicle accident. The subject accident occurred on January 19, 2004, when plaintiff was a passenger on a NYCTA bus operated by defendant Gambler, which came into contact with a motor vehicle owned by defendant KJ Cab Corp. and operated by defendant Elmendi Benchakroun.
The issue of whether plaintiff sustained a serious injury is a matter of law, to be determined in the first instance by the court (Licari v Elliott, 57 NY2d 230 [1982]). The burden is on the defendants to make a prima facie showing that plaintiff's injuries [*2]are not serious (Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]). By submitting the affidavits or affirmations of medical experts, who through objective medical testing conclude that plaintiff's injuries are not serious
file:///C|/Users/Peter/Desktop/NY/2/2006_50784.htm[4/21/2013 5:02:56 PM] Samud v New York City Tr. Auth. (2006 NY Slip Op 50784(U))
within the meaning of Insurance Law

Download 2006_50784.pdf

New York Law