What is the test for a plaintiff to prove that she sustained a serious injury in a motor vehicle accident?

"New York", United States of America

The following excerpt is from Rios v. Jose Tomas Perez, Evelyn Reyes, Kelvy F. Cabrera & F-C Auto Corp., 2014 NY Slip Op 32636 (U) (N.Y. Sup. Ct. 2014):

Upon this showing, it is incumbent upon the plaintiff to come forward "with an objective medical basis supporting the conclusion that she sustained a serious injury (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350-351, 774 NE2d 1197, 746 NYS2d 865 [2002])." Baez v. Rahamatali, 6 N.Y.3d 868, 869; 350 N.E.2d 19 [2006]. Plaintiff has done so by raising issues of fact as to both the etiology of the injury to her left knee as well as the persistence of post-surgical limitations.

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