Smith v Hill
2006 NY Slip Op 02096 [27 AD3d 1204]
Decided on March 17, 2006
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 March 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: GORSKI, J.P., MARTOCHE, SMITH, GREEN, AND PINE, JJ.

415 CA 05-02102

[*1]VIOLET SMITH, PLAINTIFF-RESPONDENT, ORDER

v

ROXANNE HILL, DEFENDANT-APPELLANT.



Appeal from an order of the Supreme Court, Monroe County (David D. Egan, J.), entered July 22, 2005 in a personal injury action. The order, insofar as appealed from, granted plaintiff's cross motion for partial summary judgment on the issue of serious injury pursuant to Insurance Law § 5102 (d).


EGGER & LEEGANT, ROCHESTER (JO ANNE LEEGANT OF COUNSEL), FOR DEFENDANT-APPELLANT.
THE BARNES FIRM, P.C., ROCHESTER (SCOTT K. ROHRING 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: March 17, 2006
JoAnn M. Wahl
Clerk of the Court