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Bieman v. Thurn

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 14, 2002
295 A.D.2d 970 (N.Y. App. Div. 2002)

Opinion

CA 02-00433

June 14, 2002.

Appeal from part of an order of Supreme Court, Erie County (Notaro, J.), entered December 11, 2001, that denied defendant's motion for summary judgment.

BURGIO, KITA CURVIN, BUFFALO (HILARY C. BANKER OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAW OFFICES OF RICHARD S. BINKO, CHEEKTOWAGA (JEFFREY S. KRAJEWSKI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: PINE, J.P., WISNER, KEHOE, BURNS, AND LAWTON, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendant's motion seeking summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The affidavit of plaintiff's expert raised an issue of fact whether she sustained a right brachial plexopathy. "It is well established that `conflicting expert opinions may not be resolved on a motion for summary judgment'" ( Corbett v. County of Onondaga, 291 A.D.2d 886, 887, quoting Williams v. Lucianatelli, 259 A.D.2d 1003). We have reviewed defendant's remaining contention and conclude that it is without merit.


Summaries of

Bieman v. Thurn

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 14, 2002
295 A.D.2d 970 (N.Y. App. Div. 2002)
Case details for

Bieman v. Thurn

Case Details

Full title:KIMBERLY A. BIEMAN, PLAINTIFF-RESPONDENT, v. SARA J. THURN…

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

Date published: Jun 14, 2002

Citations

295 A.D.2d 970 (N.Y. App. Div. 2002)
743 N.Y.S.2d 917

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