Erol Gurcan Wins Summary Judgment On Serious Injury Threshold

On November 1, 2018, Erol Gurcan successfully obtained summary judgment and dismissal of plaintiff’s claims pursuant to New York Insurance Law Section 5102(d) in the matter of Naumenko and Makhover v. Caquias (Supreme Court, Kings County, Index No. 503601/2014) . The motion sought dismissal of all claims filed by plaintiff, Svetalana Makhover, who alleged that she sustained personal injuries to her neck, back and right shoulder as a result of a motor vehicle accident that occurred on March 10, 2014. Mr. Gurcan argued that the plaintiff’s claimed injuries did not rise to the level of serious injury as defined by the Insurance Law, and that plaintiff’s opposition failed to show that any limitations at the time of her examination four years post-accident were causally related to the subject incident. The Court agreed with Mr. Gurcan’s position, and dismissed the plaintiff’s claims in their entirety.