Hassane v Elbakry

Holding The Appellate Division reversed the lower court’s grant of summary judgment to the defendant because the defendant failed to meet the prima facie burden of showing the plaintiff did not sustain a serious injury under Insurance Law § 5102(d). Additionally, the court denied the plaintiff’s cross-motion for summary judgment on liability on the merits, finding that triable issues of fact remained regarding the cause of the accident and the applicability of the emergency doctrine.

The court’s words

The defendant failed to meet his prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the accident

2026 NY Slip Op 05289, at the official text

The defendant failed to submit competent medical evidence establishing, prima facie, that the plaintiff did not sustain a serious injury to the cervical and lumbar regions of his spine

2026 NY Slip Op 05289, at the official text

This deposition testimony demonstrated that the accident occurred when the defendant lost control of the vehicle, but raised triable issues of fact as to whether the defendant lost control of the vehicle because the brakes failed to respond

2026 NY Slip Op 05289, at the official text

The emergency doctrine recognizes that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration

2026 NY Slip Op 05289, at the official text