O'BRIEN v. BAINBRIDGE

990 CA 13-00453.

109 A.D.3d 1206 (2013)

971 N.Y.S.2d 780

2013 NY Slip Op 6215

COLLEEN O'BRIEN, Respondent, v. LARRY J. BAINBRIDGE et al., Appellants.

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

Decided September 27, 2013.


Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered June 11, 2012 in a personal injury action. The order denied the motion of defendants for partial summary judgment dismissing the complaint insofar as it alleges that plaintiff sustained a serious injury under the permanent loss of use category of Insurance Law § 5102 (d).

It is hereby ordered that the order so appealed from is unanimously...

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