Kings County Supreme Court Justice Schack analyzes with precision in Uzilov v. Jimenez the evidentiary proof necessary for an insured to demonstrate that he or she has experienced a "serious injury" under Insurance Law section 5102(d).  This decision provides a nice complement to the New York  Court of Appeals‘ decision on the issue in Toure v. Avis  Rent A Car Sys., Inc.

Notably, Justice Schack rejected the report of one of the plaintiff’s doctors because he described an injury as "equivocal."