Sanchez v. Diallo
Justice Debra Silber
Click here to see Judicial Profile
Diallo moved for summary judgment dismissing Sanchez plaintiffs' action in this personal arguing they failed to sustain serious injuries as defined by Insurance Law 5102(d). The court found Diallo failed to meet his prima facie burden of showing Cesar did not sustain a serious injury under 5102(d) resulting from the accident. It stated Diallo's submissions failed to adequately address Cesar's claim he sustained a medically determined injury or impairment of a non-permanent nature preventing him from performing substantially all his customary daily activities for not less than 90 of 180 days immediately following the accident. The court noted Diallo failed to meet his prima facie burden as to all applicable categories of injury, denying summary judgment as to Cesar. Diallo, and Cesar on a counterclaim, moved for summary judgment dismissing Bella's action claiming she failed to sustain a serious injury. The court found Bella overcame defendants' prima facie case, and raised a fact issue if she sustained a serious injury providing sufficient evidence of significant restrictions in the range of motion in her cervical and lumbar spine, among other things. As she overcame the motion regarding one injury, the court was not permitted to dismiss her claims as to other injuries.