SHEETS v. KILBURY

23 CA 20-00683.

196 A.D.3d 1096 (2021)

2021 NY Slip Op 04417

Irene Sheets et al., Appellants, v. Alaina Marie Kilbury et al., Respondents.

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

Decided July 16, 2021.


Attorney(s) appearing for the Case

MICHAEL P. STACY , ROCHESTER, FOR PLAINTIFFS-APPELLANTS.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( BRENT C. SEYMOUR OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Whalen, P.J., Smith, Centra, Troutman and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the motion in part and reinstating the complaint, as amplified by the bill of particulars, with respect to the significant limitation of use, permanent consequential limitation of use and significant disfigurement categories of serious injury within the meaning of Insurance Law § 5102(d) and granting that part of the cross motion for partial summary judgment on the issue...

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