Louey v. Auger

Full title: NOREEN A. LOUEY et al., Appellants, v. DORIS L. AUGER, Respondent

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

Date published: Mar 31, 1994

202 A.D.2d 940 (N.Y. App. Div. 1994)

610 N.Y.S.2d 889

Opinion

March 31, 1994

Appeal from the Supreme Court, Franklin County (Ryan, Jr., J.).

Plaintiff Noreen A. Louey commenced this action for damages suffered when she was hit by a vehicle operated by defendant as she attempted to cross a street. She subsequently moved for partial summary judgment on the issue of liability. Supreme Court properly found that questions of fact exist as to liability, including whether Louey suffered a "serious injury" as defined in the Insurance Law.

Mikoll, J.P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the order is affirmed, with costs.