MARKIEWICZ v. JONES

188 CA 21-00994.

207 A.D.3d 1098 (2022)

171 N.Y.S.3d 669

2022 NY Slip Op 04440

David R. Markiewicz, Respondent, v. Kathryn M. Jones, Appellant.

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

Decided July 8, 2022.


Attorney(s) appearing for the Case

BARTH CONDREN LLP, BUFFALO ( JOHN R. CONDREN OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

Present—Whalen, P.J., Smith, NeMoyer, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the complaint insofar as the complaint, as amplified by the bill of particulars, alleges that plaintiff sustained a serious injury to his left knee, lumbar spine, and left hip, and that plaintiff sustained a serious injury under the 90/180-day category of serious injury within the meaning of Insurance Law § 5102(d), and by denying the...

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