Sims v. Haq

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered January 15, 2014. The order denied the motion of defendant for summary judgment dismissing the complaint and granted the cross motion of plaintiff for partial summary judgment on liability, i.e., on the issue of negligence and her claim that she sustained a serious injury under the 90/180-day category of Insurance Law § 5102 (d).

It is hereby ordered that the order so appealed from is *1516unanimously modified on the law by denying the cross motion and as modified the order is affirmed without costs.

Memorandum:…