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Colleen O'brien, Plaintiff-Respondent-Appellant v. Larry J. Bainbridge and Fedex Ground Package System

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 18, 2011

COLLEEN O'BRIEN, PLAINTIFF-RESPONDENT-APPELLANT,
v.
LARRY J. BAINBRIDGE AND FEDEX GROUND PACKAGE SYSTEM, INC.,
DEFENDANTS-APPELLANTS-RESPONDENTS.

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.

O'Brien v Bainbridge

2011 NY Slip Op 08400

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 18, 2011

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND LINDLEY, JJ.

(APPEAL NO. 1.)

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]).

Entered: November 18, 2011

Patricia L. Morgan Clerk of the Court

20111118

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