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CHRISTINE L.H. v. GRAOVAC

740 CA 22-01685.

222 A.D.3d 1330 (2023)

201 N.Y.S.3d 832

2023 NY Slip Op 06607

Christine L.H., as Parent and Natural Guardian of J.H., Respondent, v. George A. Graovac, Appellant, and Chandler D. Gier et al., Respondents.

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

Decided December 22, 2023.

Attorney(s) appearing for the Case

LAW OFFICE OF VICTOR M. WRIGHT, EDMESTON (DOMINIC M. CHIMERA OF COUNSEL), FOR DEFENDANT-APPELLANT.

CHIACCHIA & FLEMING, LLP, HAMBURG (TIFFANY M. KOPACZ OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

THE LAW OFFICES OF JOHN WALLACE, BUFFALO (VALERIE L. BARBIC OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Whalen, P.J., Bannister, Montour and Greenwood, JJ.

Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered September 19, 2022. The order granted the motion of defendants Chandler D. Gier and Jennifer J. Keane for summary judgment dismissing the complaint and cross-claims against them and granted plaintiff summary judgment on the issue of serious injury.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the fourth ordering...

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