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5 New York opinions name it 3 courts 1990–2026 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Spencer v. Golden Eagle, Inc.green1 sentence2026To meet their prima facie burden on a motion for summary judgment dismissing a serious physical injury claim, defendants must show with competent evidence that plaintiff's injuries are not serious as defined by Insurance Law § 5102(d), or not causally related to the accident ( see Spencer v Golden Eagle, Inc. , 82 AD3d 589, 590 [1st Dept 2011]). | 1 | 1 |
Toure v. Avis Rent a Car Systems, Inc.green2 sentences2026Serious injury as pertains to both "permanent consequential limitation" and "significant limitation" require that defendants establish: (1) there is no objective medical evidence of injuries or abnormalities; (2) there are no medical findings of resulting limitations by either quantified ROM testing, or a qualitative assessment of limitations compared with normal function ( Toure v Avis Rent a Car Sys. , 98 NY2d 345, 350-351, 353 [2002]); or (3) lack of causation, e.g., a gap in treatment, an intervening medical problem, or a pre-existing condition ( see Pommells , 4 NY3d at 572 [2005]; Toure 2026Serious injury as pertains to both "permanent consequential limitation" and "significant limitation" require that defendants establish: (1) there is no objective medical evidence of injuries or abnormalities; (2) there are no medical findings of resulting limitations by either quantified ROM testing, or a qualitative assessment of limitations compared with normal function ( Toure v Avis Rent a Car Sys. , 98 NY2d 345, 350-351, 353 [2002]); or (3) lack of causation, e.g., a gap in treatment, an intervening medical problem, or a pre-existing condition ( see Pommells , 4 NY3d at 572 [2005]; Toure | 1 | 1 |
Pommells v. Perezgreen1 sentence2026Serious injury as pertains to both "permanent consequential limitation" and "significant limitation" require that defendants establish: (1) there is no objective medical evidence of injuries or abnormalities; (2) there are no medical findings of resulting limitations by either quantified ROM testing, or a qualitative assessment of limitations compared with normal function ( Toure v Avis Rent a Car Sys. , 98 NY2d 345, 350-351, 353 [2002]); or (3) lack of causation, e.g., a gap in treatment, an intervening medical problem, or a pre-existing condition ( see Pommells , 4 NY3d at 572 [2005]; Toure | 1 | 1 |
Redland Soccer Club, Inc. v. Department of the Armygreen1 sentence2013Corp., 206 W Va 133, 140-142, 522 SE2d 424, 431-433 [1999] [holding that a plaintiff who does not allege a present physical injury may recover future medical monitoring costs]; Redland Soccer Club, Inc. v Department of the Army & Dept. of Defense of the U.S., 548 Pa 178, 195-196, 696 A2d 137, 145-146 [1997] [stating that the injury in a medical monitoring claim is an economic one]; Burns v Jaquays Min. | 1 | 1 |
Bower v. Westinghouse Electric Corp.green1 sentence2013Corp., 206 W Va 133, 140-142, 522 SE2d 424, 431-433 [1999] [holding that a plaintiff who does not allege a present physical injury may recover future medical monitoring costs]; Redland Soccer Club, Inc. v Department of the Army & Dept. of Defense of the U.S., 548 Pa 178, 195-196, 696 A2d 137, 145-146 [1997] [stating that the injury in a medical monitoring claim is an economic one]; Burns v Jaquays Min. | 1 | 1 |
Tedeschi v. Smith Barney, Harris Upham & Co., Inc.green1 sentence1992In Groat v Town Bd. ( 100 Misc 2d 326 [Sup Ct, Schenectady County 1979]), a spouse’s derivative claim for lost services, society and companionship was dismissed in that there appeared to be "no authority for permitting same where the harm complained of did not result in physical injury to the spouse or physical confinement away from the spouse.” ( 100 Misc 2d, at 330 ; accord, Tedeschi v Smith Barney, Harris Upham & Co., 548 F Supp 1172 [SD NY 1982].) In the absence of a physical injury claim, the spouse claiming loss of consortium is merely alleging that the other spouse did not continue to p | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Hope
green
2 sentences1994Contrary to the defendant’s contention, the physical injury requirement of attempted robbery in the second degree was sufficiently established by the complainant’s testimony and photographs of her injuries (see, Penal Law § 10.00 [9]; People v Messier, 191 AD2d 819 ; People v Pike, 173 AD2d 649 ; People v Adams, 163 AD2d 318 ; People v Hope, 128 AD2d 638 ). 1990The complainant testified regarding the nature of his injuries and the fact that he experienced pain for approximately two weeks after the incident, thereby satisfying the physical injury requirement of robbery in the second degree (see, e.g., People v Hope, 128 AD2d 638 ). | 2 | 1990–1994 |
People v. Adams
green
1 sentence1994Contrary to the defendant’s contention, the physical injury requirement of attempted robbery in the second degree was sufficiently established by the complainant’s testimony and photographs of her injuries (see, Penal Law § 10.00 [9]; People v Messier, 191 AD2d 819 ; People v Pike, 173 AD2d 649 ; People v Adams, 163 AD2d 318 ; People v Hope, 128 AD2d 638 ). | 1 | 1994–1994 |
People v. Pike
green
1 sentence1994Contrary to the defendant’s contention, the physical injury requirement of attempted robbery in the second degree was sufficiently established by the complainant’s testimony and photographs of her injuries (see, Penal Law § 10.00 [9]; People v Messier, 191 AD2d 819 ; People v Pike, 173 AD2d 649 ; People v Adams, 163 AD2d 318 ; People v Hope, 128 AD2d 638 ). | 1 | 1994–1994 |
People v. Messier
green
1 sentence1994Contrary to the defendant’s contention, the physical injury requirement of attempted robbery in the second degree was sufficiently established by the complainant’s testimony and photographs of her injuries (see, Penal Law § 10.00 [9]; People v Messier, 191 AD2d 819 ; People v Pike, 173 AD2d 649 ; People v Adams, 163 AD2d 318 ; People v Hope, 128 AD2d 638 ). | 1 | 1994–1994 |
Groat v. Town Board
green
2 sentences1992In Groat v Town Bd. ( 100 Misc 2d 326 [Sup Ct, Schenectady County 1979]), a spouse’s derivative claim for lost services, society and companionship was dismissed in that there appeared to be "no authority for permitting same where the harm complained of did not result in physical injury to the spouse or physical confinement away from the spouse.” ( 100 Misc 2d, at 330 ; accord, Tedeschi v Smith Barney, Harris Upham & Co., 548 F Supp 1172 [SD NY 1982].) In the absence of a physical injury claim, the spouse claiming loss of consortium is merely alleging that the other spouse did not continue to p 1992In Groat v Town Bd. ( 100 Misc 2d 326 [Sup Ct, Schenectady County 1979]), a spouse’s derivative claim for lost services, society and companionship was dismissed in that there appeared to be "no authority for permitting same where the harm complained of did not result in physical injury to the spouse or physical confinement away from the spouse.” ( 100 Misc 2d, at 330 ; accord, Tedeschi v Smith Barney, Harris Upham & Co., 548 F Supp 1172 [SD NY 1982].) In the absence of a physical injury claim, the spouse claiming loss of consortium is merely alleging that the other spouse did not continue to p | 1 | 1992–1992 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.