CREECH v. SANTIAGO


292 A.D.2d 333 (2002)

738 N.Y.S.2d 588

DELTON CREECH et al., Appellants, v. DANIELLE SANTIAGO et al., Respondents.

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

Decided March 4, 2002.


Ordered that the order is reversed, on the law, with costs, the motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Nassau County, to determine the plaintiffs' cross motions on the merits.

The defendants' motion papers failed to make out a prima facie case that neither of the plaintiffs sustained a medically-determined injury or impairment of a nonpermanent nature which prevented them from performing substantially all of...

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