Valdes v. Timberger
Cases that cite this one
2 later published cases cite this decision.
- Montagnino v. Inamed Corp. (Appellate Division of the Supreme Court of New York 2014)
- Chiara v. Dernago (Appellate Division of the Supreme Court of New York 2010)
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, Orange County (McGuirk, J.), dated June 30, 2006, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is denied.
The defendants failed to establish their prima facie entitlement to judgment as a matter of law (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955 [1992]). The affirmed report of their orthopedist noted that the
Since the defendants failed to establish their prima facie entitlement to judgment as a matter of law in the first instance, we need not consider the sufficiency of the plaintiffs opposition papers (see Coscia v 938 Trading Corp., 283 AD2d 538 [2001]). Rivera, J.P., Goldstein, Skelos and Balkin, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.