Tarhan v. Kabashi
Decision Date | 16 October 2007 |
Docket Number | 2006-07369.,2007-03599. |
Citation | 44 A.D.3d 847,844 N.Y.S.2d 89,2007 NY Slip Op 07837 |
Parties | CANIP TARHAN et al., Appellants, v. KRIST KABASHI et al., Respondents. |
Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the defendants.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
In support of their motions for summary judgment, the defendants established prima facie their entitlement to judgment as a matter of law. The defendants demonstrated that the plaintiffs' injuries were not serious through the submission of the plaintiffs' deposition testimony and the affirmed reports of the orthopedist, neurologist, and radiologist who examined them and determined that there was no evidence of any injury sustained in the accident (see Toure v Avis Rent A Car Sys., 98...
To continue reading
Request your trial-
Lapaix v. Consiglio, Index No. 8839/09
...the meaning of Insurance Law § 5102(d) (see Park v. Orellana, 49 A.D.3d 721, 854 N.Y.S.2d 447 (2d Dept., 2008); Tarhan v. Kabashi, 44 A.D.3d 847, 844 N.Y.S.2d 89 [2d Dept., 2007]). Examining the reports of defendant's physician, there are sufficient tests conducted set forth therein to prov......
-
Park v. Pastore
...of motions immediately following the accident, and said evidence regarding Dr. Mun's findings is inadmissible. (See, Tarhan v. Kabashi, 44 A.D.3d 847, 844 N.Y.S.2d 89 (2d Dept. 20070; Verette v. Zia, 44 A.D.3d 747, 844 N.Y.S.2d 71 (2d Dept. 2007). It is well settled that contemporaneous, ob......
-
Duda v. Ibarra
...the meaning of Insurance Law § 5102(d) (see Park v. Orellana, 49 A.D.3d 721, 854 N.Y.S.2d 447 (2d Dept., 2008); Tarhan v. Kabashi, 44 A.D.3d 847, 844 N.Y.S.2d 89 [2d Dept., 2007]). Examining the reports of defendants' physician, there are sufficient tests conducted set forth therein to prov......
-
CARR v. SACHS
...the meaning of Insurance Law § 5102(d) (See Park v. Oretlana, 49 A.D.3d721, 854 N.Y.S.2d 447 (2d Dept., 2008); Tarhan v. Kabashi, 44 A.D.3d 847, 844 N.Y.S.2d 89 [2d Dept., 2007]). Examining the report of defendant's physician, there are sufficient tests conducted set forth therein to provid......