Claiming that she suffered "significant limitations of a body function or system," as a result of a June 2001 car accident, Adrienne Berkowitz sued Gladys Taylor to recover damages for her personal injuries.
When motion practice ensued in the case of Berkowitz v. Taylor , the Nassau County Supreme Court dismissed Berkowitz's complaint, holding that she had not shown proof of a "serious injury."
According to a New York State law -- Insurance Law 5102(d) -- and applicable appellate authority, Berkowitz was required to provide "objective evidence of the extent or degree of the limitation and its duration, based upon a recent examination." But because, she failed to satisfy that standard, and was unable to show whether her injuries were related to the June accident or an unrelated October incident, the Appellate Division, Second Department, affirmed the dismissal.
To download a copy of the Appellate Division's decision, please use this link: Berkowitz v. Taylor