Lewis v. Fidelio

Appellate Division of the Supreme Court of New York

Lewis v. Fidelio

266 A.D.2d 357, 698 N.Y.S.2d 169

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1999·Published·Cited by 1 cases

Opinion

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered November 5, 1997, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the order dated November 5, 1997, must be dismissed. That order was superseded by an order dated January 12, 1998, made upon reargument (see, Lewis v Fidelio, 266 AD2d 357 [decided herewith]). Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.

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—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered November 5, 1997, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the order dated November 5, 1997, must be dismissed. That order was superseded by an order dated January 12, 1998, made upon reargument (see, Lewis v Fidelio, 266 AD2d 357 [decided herewith]). Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.

Lewis v. Fidelio, 266 A.D.2d 357, 698 N.Y.S.2d 169 (N.Y. Ct. App. 1999).

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Opinion

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