Opinion
CA 04-03043.
Decided June 10, 2005.
Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered July 19, 2004. The order, insofar as appealed from, denied in part defendants' motion for summary judgment dismissing the complaint upon the ground that plaintiff did not sustain a "serious injury" pursuant to Insurance Law § 5102 (d).
GIBSON, MC ASKILL CROSBY, LLP, BUFFALO (SHAMUS B. MULDERIG OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: SCUDDER, J.P., KEHOE, SMITH, PINE, AND HAYES, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.