McCARTHY v. HAMEED

980 CA 20-00413.

191 A.D.3d 1462 (2021)

141 N.Y.S.3d 824

2021 NY Slip Op 00962

Lynne E. McCarthy, Appellant-Respondent, v. Mazin Hameed et al., Respondents-Appellants.

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

Decided February 11, 2021.


Attorney(s) appearing for the Case

CELLINO & BARNES, P.C., BUFFALO ( GREGORY V. PAJAK OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.

LAW OFFICE OF JOHN WALLACE, ROCHESTER ( VALERIE L. BARBIC OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Troutman, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion seeking summary judgment on the issue of serious injury and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained as she was walking toward her vehicle in a Costco parking lot when a vehicle operated by Maysaa A. Hameed (defendant) struck a flatbed shopping...

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