Smith v. Besanceney
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered June 5, 2008 in a personal injury action. The order, insofar as appealed from, denied in part defendant’s motion for summary judgment dismissing the complaint.
It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety and the complaint is dismissed.
At the outset, we conclude that defendant’s contention concerning the failure of plaintiffs to allege in their bill of particulars that plaintiff suffered a serious injury…
2Cases cited15 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
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- Cushing v. SeemannAppellate Division of the Supreme Court of the State of New York · 1998
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