Tornabene v. Pawlewski

—Appeal from an order of Supreme Court, Erie County (Notaro, J.), entered August 7, 2002, which denied defendant’s motion seeking summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and dismissing the complaint with respect to the 90/180 category of serious injury and as modified the order is affirmed without costs.

Memorandum: Defendant appeals from an order denying her motion seeking summary judgment dismissing the complaint on the ground that plaintiff did not…