Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05260
Alam v Uber Tech., Inc.
Read the official decision: 2026 NY Slip Op 05260
Holding The Appellate Division reversed the lower court’s grant of summary judgment because the defendant failed to establish that the plaintiff’s injuries were not caused by the accident. Consequently, the burden never shifted to the plaintiff to explain any gap in treatment, and triable issues of fact remained regarding serious injury.
The court’s words
the defendant failed to establish, prima facie, that the alleged injuries to the cervical and lumbar regions of the plaintiff's spine, his left shoulder, and his left knee were not caused by the accident
2026 NY Slip Op 05260, at the official text
Since the defendant failed to establish that the plaintiff's injuries were not caused by the accident, the burden never shifted to the plaintiff to explain any gap in treatment
2026 NY Slip Op 05260, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05260 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05260 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 440 |
Recommended citation
ESQ HQ, New York Law Watch, Alam v Uber Tech., Inc., 2026 NY Slip Op 05260 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05260/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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