INCARDONA v. SEAVERS


205 A.D.2d 735 (1994)

614 N.Y.S.2d 908

John Incardona et al., Appellants, v. William M. Seavers, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 27, 1994


Ordered that the order is modified, on the law, by deleting the provision thereof which granted the defendant's motion for summary judgment dismissing the complaint, and substituting therefor a provision denying the motion; and as so modified, the order is affirmed, with costs to the plaintiffs.

The Supreme Court erred in finding that the plaintiffs' medical evidence was insufficient to defeat the defendant's motion for summary judgment (see, Cowley v Crocker...

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