Andrew Kaye Obtains Summary Judgment In Supreme Court, Kings County On “Threshold” In Multiple Surgery Case

Plaintiff, who was 56 years-of-age at the time of the accident, alleged to have sustained a significant low back injury when his vehicle came into contact with our client’s tractor-trailer. As a result, plaintiff underwent multiple low back surgeries, leaving him unable to work and in need of a walking device.

With coverage well into the millions of dollars, this claim posed a significant risk for our clients. In an effort to mitigate that risk, the parties mediated. However, mediation proved unsuccessful, necessitating our motion for summary judgment. Through the motion, we sought dismissal under New York’s Insurance Law § 5102(d). Using carefully secured deposition testimony, medical records and expert affidavits, we are argued plaintiff’s debilitating injuries were not caused by the accident and therefore, were not “serious injuries” within the meaning of the statute.

In opposition, plaintiff submitted multiple affidavits. In our reply, we highlighted numerous flaws in the affidavits, arguing the evidence upon which plaintiff opposed the motion was legally inadequate to overcome our prima facie entitlement to dismissal. The Court obviously found our position availing and dismissed plaintiff’s claim.

Although largely academic, as part of this motion, we also successfully obtained dismissal on behalf of truck’s owner pursuant to the Grave’s Amendment. This decision then led to the Court changing the venue of the case from Kings County to Sullivan County, which was another application made within the motion.