SADLER v. JAMES

65 CA 21-01552.

217 A.D.3d 1334 (2023)

190 N.Y.S.3d 536

2023 NY Slip Op 03091

Brittani L. Sadler, Respondent, v. Micah S. James et al., Appellants.

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

Decided June 9, 2023.


Attorney(s) appearing for the Case

CHELUS, HERDZIK, SPEYER & MONTE P.C., BUFFALO ( DANIEL J. CERCONE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

VANDETTE LAW PLLC, BUFFALO ( JAMES M. VANDETTE of counsel), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Peradotto, Lindley, Montour and Ogden, JJ.


Appeal from an order of the Supreme Court, Erie County (Mark J. Grisanti, A.J.), entered September 29, 2021. The order, insofar as appealed from, granted in part the motion of plaintiff for partial summary judgment and denied the cross-motion of defendants for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of plaintiff's motion with respect to the 90/180-day category of serious injury...

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