COLLEEN BRIEN PLAINTIFF RESPONDENT APPELLANT v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department, New York.

COLLEEN O'BRIEN, PLAINTIFF–RESPONDENT–APPELLANT, v. LARRY J. BAINBRIDGE AND FEDEX GROUND PACKAGE SYSTEM, INC., DEFENDANTS–APPELLANTS–RESPONDENTS. (APPEAL NO. 1.)

CA 11–00320

Decided: November 18, 2011

PRESENT:  SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND LINDLEY, JJ. BURDEN, GULISANO & HICKEY, LLC, BUFFALO (SARAH HANSEN OF COUNSEL), FOR DEFENDANTS–APPELLANTS–RESPONDENTS. LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF–RESPONDENT–APPELLANT.

MEMORANDUM AND ORDER

Appeal and cross appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered September 14, 2010 in a personal injury action.   The order denied the motion of defendants for summary judgment dismissing the complaint and denied the cross motion of plaintiff for partial summary judgment on the issue of serious injury.

It is hereby ORDERED that said appeal from the order insofar as it denied defendants' motion is unanimously dismissed and the order is affirmed without costs.

Same Memorandum as in O'Brien v. Bainbridge ( [appeal No. 2] _ AD3d _ [Nov. 18, 2011] ).

Patricia L. Morgan

Clerk of the Court