| Hernandez v Joaquin |
| 2006 NY Slip Op 52422(U) [14 Misc 3d 127(A)] |
| Decided on December 20, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant Feliz Joaquin appeals from that portion of an order of the Civil Court of the City of New York, Bronx County (Sharon A.M. Aarons, J.), dated December 15, 2004, which denied his cross motion for summary judgment dismissing the complaint.
PER CURIAM:
Order (Sharon A.M. Aarons, J.), dated December 15, 2004, reversed, with $10 costs, defendant Joaquin's cross motion granted, and on a search of the record, defendants Harry and Lynnette Hiraldo's motion for summary judgment is granted. The Clerk is directed to enter judgment in favor of the aforesaid defendants dismissing the complaint and all cross claims against them.
Defendant-appellant Joaquin made a prima facie showing that plaintiffs did not sustain serious injury within the meaning of Insurance Law §5102(d), by submitting the affirmed reports of doctors who examined plaintiffs less than six months after the accident, measured "full" or "normal" ranges of motion, and found plaintiffs without any objective neurological disability (see Style v. Joseph, 32 AD3d 212 [2006]; Taylor v. Terrigno, 27 AD3d 316 [2006]). Plaintiffs having submitted no opposition, defendant-appellant was entitled to summary judgment.
Although the Hiraldo defendants did not file a notice of appeal from the denial of their motion for summary judgment, this Court can search the record and grant summary judgment to the non-appealing parties (see CPLR 3212[b]; Merritt Hill Vineyards, Inc. v. Windy Heights Vineyard, Inc., 61 NY2d 106 [1984]).
[*2]This constitutes the decision and order of the court.
Decision Date: December 20, 2006