CARTER v. PATTERSON

136 CA 20-00136.

197 A.D.3d 857 (2021)

153 N.Y.S.3d 240

2021 NY Slip Op 04796

Louis S. Carter, Respondent-Appellant, v. Jermaine Patterson, Appellant-Respondent, et al., Defendant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

HAGELIN SPENCER LLC, BUFFALO ( MATTHEW D. PFALZER OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

THE CAREY FIRM, LLC, GRAND ISLAND ( SHAWN W. CAREY OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present—Peradotto, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.


It is hereby ordered that the amended order so appealed from is unanimously modified on the law by denying those parts of plaintiff's cross motion for partial summary judgment with respect to the significant limitation of use and 90/180-day categories of serious injury within the meaning of Insurance Law § 5102(d) and granting those parts of plaintiff's motion for partial summary judgment seeking a determination that defendant...

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