Horton v. Warden
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from an order of the Supreme Court (O’Shea, J.), entered May 20, 2005 in Schuyler County, which, inter alia, granted plaintiffs motion for partial summary judgment.
In this personal injury action, plaintiff moved for partial summary judgment, claiming that an automobile accident was caused solely by defendant’s negligence and that she suffered a serious injury as defined in Insurance Law § 5102 (d). Defendant’s cross motion for dismissed pursuant to CPLR 3216 was premised on plaintiffs disobedience of two court orders requiring the filing of a trial term note of issue. Supreme Court…
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