`FILED: NEW YORK COUNTY CLERK 09/20/2017 12:05 PM
`INDEX NO 153737/2013
`FILED. NEW YORK COUNTY CLERK 09m2017 12. 05 PM
`
`
`F. 09/20/2017
`NYSC3F DOC. NO
`RECEIVED NYSCEF: 09/20/2017
`NYSCEF DOC. NO. 139
`Sfff’REME COURT OF THE STATE OF NEWVOW
`
`NEW YORK COUNTY
`
`PRESENT:
`
`I’ :‘fxT'g.JA.1IEs E. d'AUGUS'i‘I's
`
`-
`-
`Mice
`
`Index Number : 153737/2013
`STEINBOK, ELAINE D.
`vs
`
`CITY OF NEW YORK
`Sequence Number : 006
`SUMMARY JUDGMENT
`
`/_
`
`The following papers, numbered 1 to
`
`. were read on this motion tolfor
`
`Notice of Motion/Order to Show Cause — Affidavits — Exhibits
`
`Answering Affidavits — Exhibits
`
`Replying Affidavits
`
`Upon the foregoing papers, it is ordered that this motion is
`
`.
`denied.
`
`pART 55
`
`lNDEX No.
`
`MOTION DATE
`
`MOTION SEQ. No.
`
`I No(s).
`
`I No(s).
`
`I No(s).
`
`The motion by plaintiff seeking summary judgment on the issue of liability is denied. Issues of fact
`
`exist that preclude the granting of the instant motion. As noted by defendants, plaintiff was treated in a
`
`hospita‘
`
`\ ith anti-inflammatory medicine after an accident and released. No diagnostic tests were deemed
`
`necessary. Plaintiff had multiple injuries prior to the accident and her expert failed to rule out alternative
`
`causation. Moreover, defendants’ experts raise issues regarding not only whether the injuries themselves are .
`
`serious, but also whether the accident was the cause of them. Accordingly, the motion is denied.
`
`This constitutes the decision and order of this Court.
`
`Dated: Q 231;)“ z
`
`
`
`MOTION/CASEISRESPECTFULLYREFERREDTOJUSTICE
`
`
`
`FORTHEFOLLOWINGREASONS):
`
`1 CHECK ONE: ...................................................................... CASE DISPOSED
`2. CHECK AS APPROPRIATE: ...........................MOTION Is: [1 GRANTED
`><LDENIED
`3. CHECK IF APPROPRIATE. ................................................ LSETTLE ORDER
`
`EKNONFINAL DISP6SITION
`EIGRA TED IN PART
`l
`.‘OTHER
`2—] SUBMIT ORDER
`
`'L_J DO NOT POST
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`B FIDUCIARY APPOINTMENT : REFERENCE
`
`lofl
`1 of 1
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