Kwitek v. Seier
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 (John M. Curran, J.), entered May 11, 2012 in a personal injury action. The order, insofar as appealed from, denied in part defendants’ motion for summary judgment.
It is hereby ordered that the order insofar as appealed from is reversed on the law without costs, the motion is granted in its entirety and the complaint is dismissed.
*1420Memorandum: Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Melissa Kwitek (plaintiff) in a motor vehicle accident on April 28, 2007, when the vehicle in which she was a…
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