Ellithorpe v. Marion

Nov 17, 2006
Appeal No. 1
Versions:34 A.D.3d 1195
823 N.Y.S.2d 724

(Appeal No. 1.) [823 NYS2d 724]—Appeal from an order of the Supreme Court, Onondaga County (William R. Roy, J.), entered April 27, 2005 in a personal injury action. The order granted plaintiff’s motion for partial summary judgment on the issues of negligence and serious injury.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Loafin’ Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Hurlbutt, J.P., Scudder, Gorski and Green, JJ.

(Appeal No. 2.) [824 NYS2d 836]—

Appeal from an order of the Supreme Court, Onondaga County (William R. Roy, J.), entered November 16, 2005 in a personal injury action. The order granted defendants’ motion for leave to renew and, upon renewal, adhered to the court’s prior determination.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by providing that plaintiff’s motion is granted with respect to the permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, and 90/180 categories of serious injury within the meaning of Insurance Law § 5102 (d) and with respect to causation of those injuries and by providing that a trial shall be held on damages only and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced the instant action seeking