Wheeler v. Laechner

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered November 1, 2005 in a personal injury action. The order granted defendants’ motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for partial summaiy judgment on the issue of liability.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion in part and reinstating the complaint, as amplified by the bill of particulars, with respect to the fracture category of serious injury within the meaning of…