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NADRICH v. WOODCREST COUNTRY CLUB

250 A.D.2d 827 (1998)

671 N.Y.S.2d 1017

Rhoda Nadrich et al., Respondents, v. Woodcrest Country Club, Also Known as Woodcrest Club Inc., Defendant, and Air City, Inc., et al., Appellants

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

May 26, 1998

Ordered that that order is reversed, on the law, with costs, the appellants' motion is granted, the complaint is dismissed insofar as asserted against them, and the action against the remaining defendant is severed.

The Supreme Court improperly denied the appellants' motion for summary judgment. The appellants established a prima facie case that the plaintiff Rhoda Nadrich did not sustain a serious injury in the underlying accident (see, Gaddy v Eyler

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