Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05339
Steuber v LeBlanc
Read the official decision: 2026 NY Slip Op 05339
Holding The defendants failed to meet their prima facie burden of demonstrating that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Consequently, the summary judgment dismissing the complaint was reversed and the complaint was reinstated against the defendants.
The court’s words
The defendants failed to meet their prima facie burden of showing that the plaintiff did not sustain a serious injury
2026 NY Slip Op 05339, at the official text
Rosen set forth range-of-motion findings for the cervical region of the plaintiff's spine but failed to compare those findings to what is normal
2026 NY Slip Op 05339, at the official text
Rosen's conclusion that the injury to the cervical region of the plaintiff's spine was degenerative was vague and conclusory
2026 NY Slip Op 05339, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05339 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05339 |
| 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 | 598 |
Recommended citation
ESQ HQ, New York Law Watch, Steuber v LeBlanc, 2026 NY Slip Op 05339 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05339/
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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