Appellate Division of the Supreme Court of New York, 2002

Sandoval v. Juodzevich

Appellate Division of the Supreme Court of New York · Decided April 15, 2002

293 A.D.2d 595; 740 N.Y.S.2d 217; 2002 N.Y. App. Div. LEXIS 3787

Cases that cite this one

24 later published cases cite this decision.

McCabe v. Witteveen (Appellate Division of the Supreme Court of New York 2006)
Corona Fuel Corp. v. Nayci (Appellate Division of the Supreme Court of New York 2016)
Ackerman v. Kesselman (Appellate Division of the Supreme Court of New York 2012)
Ackerman v. Kesselman (Appellate Division of the Supreme Court of New York 2012)
Canarelli v. Canarelli (Appellate Division of the Supreme Court of New York 2009)
Huang v. Sy (Appellate Division of the Supreme Court of New York 2009)
State v. Humberto G. (Appellate Division of the Supreme Court of New York 2009)
Pugliese v. Mondello (Appellate Division of the Supreme Court of New York 2009)
Nationwide Insurance v. New York Lighter Co. (Appellate Division of the Supreme Court of New York 2009)
Oszustowicz v. Admiral Insurance Brokerage Corp. (Appellate Division of the Supreme Court of New York 2008)
Hall Enterprises, Inc. v. Liberty Management & Construction, Ltd. (Appellate Division of the Supreme Court of New York 2007)
Lake Anne Realty Corp. v. Lake Anne at Monroe Associates, LLC (Appellate Division of the Supreme Court of New York 2006)
Cable Co. v. Organes Enterprises, Inc. (Appellate Division of the Supreme Court of New York 2006)
Perlongo v. Park City 3 & 4 Apartments, Inc. (Appellate Division of the Supreme Court of New York 2006)
RAD Ventures Corp. v. Artukmac (Appellate Division of the Supreme Court of New York 2006)
Festinger v. Edrich (Appellate Division of the Supreme Court of New York 2006)
DiLauria v. Town of Harrison (Appellate Division of the Supreme Court of New York 2006)
Sarva v. Chakravorty (Appellate Division of the Supreme Court of New York 2006)
Lynford v. Williams (Appellate Division of the Supreme Court of New York 2006)
Gammal v. La Casita Milta, Inc. (Appellate Division of the Supreme Court of New York 2004)
Sample v. Levada (Appellate Division of the Supreme Court of New York 2004)
Fade v. Pugliani/Fade (Appellate Division of the Supreme Court of New York 2004)
Bart v. Miller (Appellate Division of the Supreme Court of New York 2003)
Chaudhry v. Lynest Associates (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Galasso, J.), entered April 12, 2001, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The plaintiff contends that the Supreme Court erred in granting the defendant’s motion for summary judgment on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) because this issue was necessarily decided in a prior order of the same court which granted his motion for partial summary judgment on the issue of liability. Since this argument is improperly advanced for the first time on appeal, it is unpreserved for appellate review (see Weber v Jacobs, 289 AD2d 226; Gorenstein v Debralaurie Realty *596Co., 280 AD2d 642; Rosendale v Galin, 266 AD2d 444; Orellano v Samples Tire Equip. & Supply Corp., 110 AD2d 757, 758). Santucci, J.P., Goldstein, Luciano, Schmidt and Crane, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.