SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, SCUDDER, AND KEHOE, JJ.
GERMAIN BROWN, PLAINTIFF-APPELLANT,
MEMORANDUM AND ORDER
TRAVELERS INSURANCE COMPANY, DEFENDANT-RESPONDENT.
EDWARD Z. MENKIN, SYRACUSE, FOR PLAINTIFF-APPELLANT.
HISCOCK & BARCLAY, LLP, ROCHESTER (GUY A. TALIA OF COUNSEL), FOR
Appeal from a judgment (denominated order) of the Supreme Court,
Onondaga County (Thomas J. Murphy, J.), entered February 25, 2003.
The judgment denied plaintiff's motion for summary judgment on the
complaint, granted defendant’s cross motion for summary judgment and
rendered a declaratory judgment in favor of defendant.
It is hereby ORDERED that the judgment so appealed from be and
the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly denied plaintiff’s motion for
summary judgment and granted defendant’s cross motion for summary
judgment declaring that defendant has no obligation to provide
supplemental underinsured motorist (SUM) benefits to plaintiff.
Plaintiff was injured in a motor vehicle accident on June 20, 1999.
On February 9, 2000, she commenced a negligence action against the
owner and operator of the other vehicle involved in the accident,
alleging that, as a result of the accident, she sustained injuries
that were “permanent in nature or constitute [a] significant
limitation of use of a body function or system or a medically
determined injury or impairment of a non-permanent nature which
prevented the [p]laintiff from performing substantially all of t