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CHRISOMALIDES v. EKOW

291 A.D.2d 202 (2002)

736 N.Y.S.2d 862

CHRISTOS CHRISOMALIDES et al., Respondents, v. SHERIFF A. EKOW et al., Appellants, et al., Defendant.

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

Decided February 5, 2002.

Appellants' motion, plainly meritorious with respect to the claims of the Kountotsis plaintiffs, should have been reviewed on the merits in the interest of judicial economy and granted insofar as it sought dismissal of the Kountotsis claims (see, Brunetti v City of New York, 286 A.D.2d 253). Our review of the record discloses the absence of any triable issue of fact as to whether plaintiff Andrew Kountotsis sustained "serious injury...

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