Andujar v. Boyle
| Citation | 190 A.D.3d 902,136 N.Y.S.3d 912 (Mem) |
| Decision Date | 27 January 2021 |
| Docket Number | 2019–08515,Index No. 69668/17 |
| Parties | Jessica V. ANDUJAR, appellant, v. Christine Susan BOYLE, et al., respondents. |
| Court | New York Supreme Court Appellate Division |
190 A.D.3d 902
136 N.Y.S.3d 912 (Mem)
Jessica V. ANDUJAR, appellant,
v.
Christine Susan BOYLE, et al., respondents.
2019–08515
Index No. 69668/17
Supreme Court, Appellate Division, Second Department, New York.
Argued—November 13, 2020
January 27, 2021
Tomkiel & Tomkiel, Scarsdale, NY (Matthew Tomkiel of counsel), for appellant.
Collins, Fitzpatrick & Schoene, LLP, White Plains, NY (Ralph F. Schoene of counsel), for respondents.
CHERYL E. CHAMBERS, J.P., HECTOR D. LASALLE, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Joan B. Lefkowitz, J.), dated July 3, 2019. The order denied the plaintiff's motion for summary judgment on the issue of whether she sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident.
ORDERED that the order is affirmed, with costs.
The plaintiff commenced this action to recover damages for personal injuries that she allegedly sustained in a motor vehicle accident that occurred on October 20, 2016.
The Supreme Court issued a trial readiness order dated January 25, 2019, directing, inter alia, that any summary judgment motions be served within 45 days of the filing of the note of issue. On February 19, 2019, the plaintiff filed a note of issue and certificate of readiness which failed to indicate whether all discovery, including physical examinations, had been completed. Thereafter, the plaintiff was informed by a court attorney referee that the note of issue and certificate of readiness were improper and needed to be refiled because they failed to indicate whether certain discovery had been completed or waived. On March 6, 2019, the plaintiff filed a new note of issue and certificate of readiness which indicated that the defendants waived their right to conduct physical examinations of the plaintiff. By notice of motion dated...
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...in the subject property. However, as the Supreme Court concluded, the plaintiff's assertion that he had an interest in the subject 136 N.Y.S.3d 912 property was necessarily determined in a prior foreclosure action involving that same property (see Lamberti v. Plaza Equities, LLC, 161 A.D.3d......
- Andujar v. Boyle