Legal Opinion

Tudy v. Sandoval

Appellate Division of the Supreme Court of the State of New York

Decided July 18, 2012PublishedCited by 2 opinions

1Opinion of the Court

The Supreme Court should have denied the defendant’s motion for summary judgment dismissing the complaint on the ground that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d). The medical reports of the defendant’s own examining physicians contained evidence that both plaintiffs had significant range-of-motion limitations, and that these limitations were causally related to the subject accident. Accordingly, the defendant failed to establish his prima facie entitlement to judgment as a matter of law (see *740Gaddy v Eyler, 79 NY2d 955, 956-957 [1992];…

2Cases cited4 opinions

  1. Gaddy v. EylerNew York Court of Appeals · 1992
  2. Coscia v. 938 Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  3. Gibson-Wallace v. DalessandroAppellate Division of the Supreme Court of the State of New York · 2009
  4. Kasper v. N&J Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

3Cited by2 opinions

  1. Chang v. CardoneAppellate Division of the Supreme Court of the State of New York · 2014
  2. Chang v. CardoneAppellate Division of the Supreme Court of the State of New York · 2014

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