TUDY v. SANDOVAL

2011-03095.

97 A.D.3d 739 (2012)

948 N.Y.S.2d 421

2012 NY Slip Op 5625

JAMES TUDY et al., Appellants, v. ARMANDO SANDOVAL, Respondent.

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

July 18, 2012.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

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...

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