Bailey v American Fleet Maintenance, Inc.
2020 NY Slip Op 03322 [184 AD3d 1123]
June 12, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2020


[*1]
 Brittney Bailey, Appellant,
v
American Fleet Maintenance, Inc., et al., Respondents.

Parisi & Bellavia, LLP, Rochester (Timothy C. Bellavia of counsel), for plaintiff-appellant.

Law Offices of John Wallace, Buffalo (Alyson C. Culliton of counsel), for defendants-respondents.

Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (William K. Taylor, J.), entered September 24, 2019. The order and judgment, among other things, granted defendants' motion for summary judgment and dismissed the complaint insofar as it alleged that plaintiff sustained a serious injury under Insurance Law § 5102 (d).

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2019 NY Slip Op 33999[U] [Sup Ct, Monroe County 2019]). Present—Peradotto, J.P., Lindley, NeMoyer, Troutman and DeJoseph, JJ.