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SHAH v. NOWAKOWSKI

1181CA 21-00123.

203 A.D.3d 1737 (2022)

166 N.Y.S.3d 83

2022 NY Slip Op 01952

Fareena A. Shah, Respondent, v. Elizabeth Nowakowski et al., Defendants, and Emily Dinatale, Appellant.

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

Decided March 18, 2022.

Attorney(s) appearing for the Case

LAW OFFICE OF DANIEL R. ARCHILLA, BUFFALO ( JOAN M. RICHTER OF COUNSEL), FOR DEFENDANT-APPELLANT.

VANDETTE PENBERTHY LLP, BUFFALO ( JAMES M. VANDETTE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, Curran and Winslow, JJ.

It is hereby ordered that the amended order so appealed from is unanimously modified on the law by denying that part of plaintiff's cross motion seeking summary judgment on the issues of negligence and serious injury against defendant Emily Dinatale and as modified the amended order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking to recover damages for injuries she allegedly sustained after a vehicle operated by Emily Dinatale (defendant...

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