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BOOTH v. CARLSON

1165 CA 20-00182.

195 A.D.3d 1594 (2021)

145 N.Y.S.3d 914

2021 NY Slip Op 03980

Michelle E. Booth, Respondent, v. Judy M. Carlson, Appellant.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO ( MICHAEL J. CHMIEL OF COUNSEL), FOR DEFENDANT-APPELLANT.

CELLINO & BARNES, P.C., BUFFALO ( JEANNA M. CELLINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Carni, NeMoyer, Curran and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion with respect to the permanent loss of use category of serious injury within the meaning of Insurance Law § 5102(d) and dismissing the complaint, as amplified by the bill of particulars, to that extent, and as modified the order is affirmed without costs.

Memorandum: In this action to recover...

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