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Tavarez v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 2007
41 A.D.3d 833 (N.Y. App. Div. 2007)

Opinion

No. 2006-09539.

June 26, 2007.

In an action to recover damages for personal injuries, the defendant Sahney Jagjeet Singh appeals from so much of an order of the Supreme Court, Suffolk County (Loughlin, J.), dated September 8, 2006, as denied those branches of his cross motion which were for summary judgment dismissing the complaint insofar as asserted against him by the plaintiffs Veronica Tavarez and Hilda Santana on the ground that they did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

James P. Nunemaker, Jr., Associates, Uniondale, N.Y. (Kathleen E. Fioretti of counsel), for appellant.

Cannon Acosta, LLP, Huntington Station, N.Y. (June Redeker of counsel), for respondents and plaintiffs.

Before: Schmidt, J.P., Crane, Krausman and Dickerson, JJ.


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant failed to make a prima facie showing that neither the plaintiff Veronica Tavarez nor the plaintiff Hilda Santana (hereinafter the plaintiffs) sustained a serious injury within the meaning of Insurance Law § 5102 (d) ( see Tchjevskaia v Chase, 15 AD3d 389). The affirmed reports of the appellant's examining neurologist disclose that he found limitations in cervical range of motion in both plaintiffs. Under the circumstances, it is unnecessary to consider the sufficiency of the plaintiffs' opposition papers ( see Chaplin v Taylor, 273 AD2d 188).


Summaries of

Tavarez v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 2007
41 A.D.3d 833 (N.Y. App. Div. 2007)
Case details for

Tavarez v. Jackson

Case Details

Full title:VERONICA TAVAREZ et al., Respondents, et al., Plaintiffs, v. DONALD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 26, 2007

Citations

41 A.D.3d 833 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 5725
837 N.Y.S.2d 581

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