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SMITH v. STATE FARM MUT. AUTO. INS. CO.

878 CA 18-02291.

176 A.D.3d 1608 (2019)

111 N.Y.S.3d 765

2019 NY Slip Op 07179

Courtney L. Smith, Respondent, v. State Farm Mutual Automobile Insurance Company et al., Appellants.

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

Decided October 4, 2019.

Attorney(s) appearing for the Case

BARTH SULLIVAN BEHR, BUFFALO ( DOMINIC M. CHIMERA OF COUNSEL), FOR DEFENDANT-APPELLANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

LAW OFFICE OF VICTOR M. WRIGHT, ORCHARD PARK ( VICTOR M. WRIGHT OF COUNSEL), FOR DEFENDANTS-APPELLANTS CHRISTINA PUGH AND RONALD W. PUGH, JR.

THE DIETRICH LAW FIRM, PC, WILLIAMSVILLE ( BRIAN R. WOOD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Peradotto, Lindley, DeJoseph and NeMoyer, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the cross motion of defendant State Farm Mutual Automobile Insurance Company for summary judgment dismissing the complaint against it insofar as the complaint, as amplified by the bill of particulars, alleges that plaintiff sustained a serious injury under the permanent consequential limitation of use category of serious injury within the meaning of Insurance Law...

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