Cortez v. Kapoor
Attorneys and Parties
Brief Summary
Personal injury—motor vehicle accident; whether plaintiff sustained a 'serious injury' under Insurance Law § 5102(d) [New York's No-Fault law defining the 'serious injury' threshold for tort recovery].
Granted defendant's motion for summary judgment dismissing the complaint for lack of a serious injury.
The grant of summary judgment dismissing the complaint was reversed.
Although the defendant met her prima facie burden (see Toure v Avis Rent A Car Sys.; Gaddy v Eyler), the plaintiff's submissions raised triable issues of fact that she sustained serious injuries to the cervical and lumbar spine, left shoulder, and left knee under the permanent consequential limitation of use and significant limitation of use categories (see Perl v Meher).
Background
Plaintiff allegedly suffered injuries in a motor vehicle accident and sued to recover damages. Defendant moved for summary judgment, arguing plaintiff did not meet the serious injury threshold required to pursue tort damages.
Lower Court Decision
The Supreme Court, Kings County (Maslow, J.), by order dated March 8, 2024, granted that branch of defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Appellate Division Reversal
The Appellate Division reversed the order insofar as appealed from, with costs, and denied the defendant's motion for summary judgment on the serious injury threshold, finding triable issues of fact; it did not reach the parties' remaining contentions.
Legal Significance
Confirms that in New York No-Fault serious injury cases, even where a defendant makes a prima facie showing of no serious injury, a plaintiff can defeat summary judgment by providing objective medical evidence creating triable issues as to permanent consequential or significant limitations.
Objective medical proof of limitations to the spine, shoulder, or knee can raise triable issues under Insurance Law § 5102(d), making summary judgment inappropriate.