MERCADO v. DOYLE


297 A.D.2d 719 (2002)

747 N.Y.S.2d 772

MARIE MERCADO, Plaintiff, v. TAMMY M. DOYLE et al., Defendants. (And a Third-Party Action.) (Action No. 1.) TAMMY DOYLE et al., Respondents, v. MARIE A. RENZ, Defendant, and ACME BUS CORP., Appellant. (Action No. 2.)

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

Decided September 23, 2002.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the branch of the motion which was for summary judgment dismissing the complaint in Action No. 2 insofar as asserted against Acme Bus Corp. is granted, and the complaint in Action No. 2 is dismissed insofar as asserted against the appellant.

The appellant's medical proof established that the plaintiff Tammy Doyle did not sustain a "[p]ermanent consequential" or "[s]ignificant" limitation...

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