O'Brien v Bainbridge
2011 NY Slip Op 08400 [89 AD3d 1510]
November 18, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


Colleen O'Brien, Respondent-Appellant, v Larry J. Bainbridge et al., Appellants-Respondents. (Appeal No. 1.)

—[*1] Burden, Gulisano & Hickey, LLC, Buffalo (Sarah Hansen of counsel), for defendants-appellants-respondents.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiff-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered September 14, 2010 in a personal injury action. The order denied the motion of defendants for summary judgment dismissing the complaint and denied the cross motion of plaintiff for partial summary judgment on the issue of serious injury.

It is hereby ordered that said appeal from the order insofar as it denied defendants' motion is unanimously dismissed and the order is affirmed without costs.

Same memorandum as in O'Brien v Bainbridge (89 AD3d 1511 [2011]). Present—Scudder, P.J., Centra, Fahey, Peradotto and Lindley, JJ.