MURRAY v. SMINKEY

1010 CA 21-00281.

200 A.D.3d 1705 (2021)

160 N.Y.S.3d 506

2021 NY Slip Op 07414

Christina M. Murray, Respondent, v. Inge K. Sminkey, Respondent, and Lisa M. Stio, Appellant.

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

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

BUTTAFUOCO & ASSOCIATES, PLLC, WOODBURY ( ELLEN BUCHHOLZ OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

LAW OFFICE OF DESTIN SANTACROSE, BUFFALO ( DOMINIC J. POMPO OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Troutman, Winslow and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the cross motion seeking partial summary judgment on the issue of liability against defendant Lisa M. Stio and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained when the vehicle in which she was a passenger, which was operated by defendant Lisa M. Stio, attempted...

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