Tudy v. Sandoval, 97 A.D.3d 739 (N.Y. App. Div. 2012). · Go Syfert
Tudy v. Sandoval, 97 A.D.3d 739 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: Chang v. Cardone (nyappdiv, 2014-01-08)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Chang v. Cardone
N.Y. App. Div. · 2014 · confidence medium
Accordingly, the defendant failed to establish his prima facie entitlement to judgment as a matter of law (see Gaddy v Eyler, 79 NY2d at 956-957 ; Tudy v Sandoval, 97 AD3d 739, 739-740 [2012]; Wedderburn v Simmons, 95 AD3d 1304 [2012]).
discussed Cited as authority (rule) Chang v. Cardone
N.Y. App. Div. · 2014 · confidence medium
Accordingly, the defendant failed to establish his prima facie entitlement to judgment as a matter of law (see Gaddy v Eyler, 79 NY2d at 956-957 ; Tudy v Sandoval, 97 AD3d 739, 739-740 [2012]; Wedderburn v Simmons, 95 AD3d 1304 [2012]).
Retrieving the full opinion text from the archive…
James Tudy
v.
Armando Sandoval
Appellate Division of the Supreme Court of the State of New York.
Jul 18, 2012.
97 A.D.3d 739
Cited by 2 opinions  |  Published

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 [*740] Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]; Kasper v N&J Taxi, Inc., 60 AD3d 910 [2009]; Gibson-Wallace v Dalessandro, 58 AD3d 679, 680 [2009]).

Since the defendant failed to meet his prima facie burden, it is unnecessary to consider whether the plaintiffs’ opposition papers were sufficient to raise a triable issue of fact (see Coscia v 938 Trading Corp., 283 AD2d 538 [2001]). Rivera, J.P., Eng, Lott and Cohen, JJ., concur.