WITHERSPOON v. THOMAS


281 A.D.2d 540 (2001)

721 N.Y.S.2d 804

NAOMI WITHERSPOON, Respondent, v. THEODORE THOMAS et al., Appellants, et al., Defendant, and CITY OF NEW YORK, Respondent.

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

Decided March 19, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the respondents, the motion is granted, the complaint and all cross claims insofar as asserted against the appellants are dismissed, and the action against the remaining defendants is severed.

The appellants established their prima facie entitlement to summary judgment dismissing the complaint and all cross claims insofar as asserted against them. In opposition...

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