BURNETT v. ALLEN

314 CA 22-01648.

218 A.D.3d 1190 (2023)

193 N.Y.S.3d 516

2023 NY Slip Op 04003

Robert T. Burnett, Respondent, v. Destini Allen et al., Appellants. (Appeal No. 3.)

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

Decided July 28, 2023.


Attorney(s) appearing for the Case

HAGELIN SPENCER LLC, BUFFALO ( LAURA B. GARDINER OF COUNSEL), FOR DEFENDANT-APPELLANT DESTINI ALLEN.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., WILLIAMSVILLE ( ALAN J. BEDENKO OF COUNSEL), FOR DEFENDANTS-APPELLANTS BRIAN J. SMITH AND J & L JANITORIAL

Present— Whalen, P.J., Peradotto, Bannister, Montour and Greenwood, JJ.


Appeals from an amended order of the Supreme Court, Erie County (Lynn W. Keane, J.), entered October 11, 2022. The amended order, among other things, granted in part the cross-motion of plaintiff for summary judgment.

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 for summary judgment with respect to the significant disfigurement category of serious injury within the...

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