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TOURE v. AVIS RENT A CAR SYS.

98 N.Y.2d 345 (2002)

774 N.E.2d 1197

746 N.Y.S.2d 865

AHMED D. TOURE, Appellant, v. AVIS RENT A CAR SYSTEMS, INC., et al., Respondents. LINDA W. MANZANO et al., Appellants, v. SHARON A. O'NEIL, Respondent. BRENDA M. NITTI, Respondent, v. JOSEPHINE CLERRICO et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Argued June 5, 2002.

Decided July 9, 2002.

Attorney(s) appearing for the Case

Segal & Lax, New York City (Patrick Daniel Gatti of counsel), for appellant in the first above-entitled action.

Faden & Goldmacher, Westbury (Beth J. Goldmacher of counsel), for respondents in the first above-entitled action.

Cote & Limpert, Syracuse (Joseph S. Cote, III, Michael E. Plochocki and Kevin P. Kuehner of counsel), for appellants in the second above-entitled action.

Mackenzie Hughes LLP, Syracuse (David M. Garber of counsel), for respondent in the second above-entitled action.

Fiedelman & McGaw, Jericho (Andrew Zajac, Dawn C. DeSimone, Elizabeth Anne Bannon and Kathleen D. Foley of counsel), and Thomas J. Mulligan for Defense Association of New York, Inc., amicus curiae in the second above-entitled action.

Thuillez, Ford, Gold & Johnson, LLP, Albany (Michael J. Hutter of counsel), and Law Offices of Craig P. Niederpruem, Utica, for appellants in the third above-entitled action.

Peter J. DiGiorgio, Jr., Utica, for respondent in the third above-entitled action.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

GRAFFEO, J.

These three cases examine the nature and extent of qualitative, objective medical proof necessary for a plaintiff to meet the "serious injury" threshold under the No-Fault Law. We conclude that plaintiffs Toure and Manzano have satisfied their burden under Insurance Law § 5102 (d),1 but plaintiff Nitti has not.

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