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Martino v Bedard 2008 NY Slip Op 31162(U) March 31, 2008 Supreme Court, Suffolk County Docket Number: 0022134/2004 Judge: Martin J. Kerins Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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SHORT FORM ORDER

INDEX No.

04-22134

SUPREME COURT - STATE OF NEW YORK IAS PART 12 - SUFFOLK COUNTY

PRESENT:
Hon. MARTIN J. KERINS Justice of Supreme Court MOTION DATE 10-25-07 ADJ. DATE 1-3-08 Mot. Seq. # 003 - MD

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JANET C. MARTINO, Plaintiff, - against BARBARA BEDARD, Defendant. BRIAN 1. McGOVERN, LLC Attorney for Defendant 15 Maiden Lane, Suite 2000 New York, New York 10038 EDELSTEINS, FAEGENBURG Attorneys for Plaintiff 61 Broadway, Suite 2210 New York, New York 10006 & BROWN

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Upon the following papers numbered I to 54 read on this motion for summary judgment ; Notice of Motion/ Order to Show Cause and supporting papers 1-35 ; Notice of Cross Motion and supporting papers _; Answering Affidavits and supporting papers 36 - 38 ; Replying Affidavits and supporting papers 39 - 54 ; Other _; (aile! "ftel liCdl ing cOtiliscl ill StippOi t aile! oppmcd to tllC lIiotioll) it is,

ORDERED that defendant's

motion for summary judgment

dismissing

the complaint

is denied.

Plaintiff Janet Martino commenced this action to recover damages for personal injuries allegedly sustained in a motor vehicle accident that occurred on William Floyd Parkway in the Town of Brookhaven on April 21, 2004. The collision allegedly occurred when a vehicle driven by defendant Barbara Bcdard struck the rear of plaintiff's vehicle, which was stopped for a red light at the intersection of William Floyd Parkway and Ridgewood Drivc. By her supplemental bill of particulars, plaintiff alleges that she sustained various personal injuries as a result of the accident, including lumbar radiculopathy at level L3-4, lumbar degencrative disc disease and lumbar stenosis. She alleges tbat such injuries "arc permanent in nature and duration, and were caused, aggravated, exacerbated and/or prccipitated" by the subject accident. Plainti Ff further alleges that she underwent epidural steroid injections following the subject accident to treat bel' lower back pain. Defendant now moves for summary judgment dismissing the complaint on the ground that Insurance Law

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