| Maurer v Keckel |
| 2005 NY Slip Op 04843 [19 AD3d 1186] |
| Decided on June 10, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, J.P., KEHOE, SMITH, PINE, AND HAYES, JJ.
741 CA 04-03043
[*1]WENDI J. MAURER, PLAINTIFF-RESPONDENT, ORDER
v
KATHERINE ALICE KECKEL AND HERTZ CORPORATION, DEFENDANTS-APPELLANTS.
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.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: June 10, 2005
JoAnn M. Wahl
Clerk of the Court