Legal Opinion

Hernandez v. Cespedes

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

Decided July 28, 2016No. 1225 350468/10PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 3, 2014, which, to the extent appealed from as limited by the briefs, granted defendant David Cespedes’s motion for summary judgment dismissing plaintiff’s claims based on a lack of a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendant established entitlement to judgment as a matter of law by showing that plaintiff did not suffer a serious injury to her cervical spine, lumbar spine, or right knee as a result of the motor vehicle accident at issue. Defendant submitted the…

2Cases cited7 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Fuentes v. SanchezAppellate Division of the Supreme Court of the State of New York · 2012
  3. Malupa v. OppongAppellate Division of the Supreme Court of the State of New York · 2013
  4. Henchy v. VAS Express Corp.Appellate Division of the Supreme Court of the State of New York · 2014
  5. Nova v. FontanezAppellate Division of the Supreme Court of the State of New York · 2013

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3Cited by4 opinions

  1. Cattouse v. SmithAppellate Division of the Supreme Court of the State of New York · 2017
  2. Acevedo v. Grayline N.Y. Tours, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  3. Sooknanan v. PinalesAppellate Division of the Supreme Court of the State of New York · 2023
  4. Hojun Hwang v. "John Doe"Appellate Division of the Supreme Court of the State of New York · 2016

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