[Download] "Chand v. Asghar" by Queens County New York Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Chand v. Asghar
- Author : Queens County New York Supreme Court
- Release Date : January 18, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
For the past several years there have been many decisions, both at the trial and appellate levels, attempting to interpret the definition of "serious injury" as set forth in Insurance Law § 5102(d). Other than the obvious serious injuries, i.e., death or dismemberment, the decisions have been confusing, unsettling and complex. The issue has narrowed down to soft tissue injuries and the conflicting medical affirmations submitted in support as well as in opposition to motions for summary judgment pursuant to CPLR 3211 and 3212, to dismiss plaintiff(s) complaint. The opposing parties, in our adversarial system of justice are, in effect, asking this court, to determine within its finite wisdom, the credibility of the medical experts, as a matter of law.