WADE v. ALLIED BUILDING PRODUCTS CORP.


41 A.D.3d 466 (2007)

837 N.Y.S.2d 302

CRISTINA WADE, Appellant, v. ALLIED BUILDING PRODUCTS CORP. et al., Respondents.

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

Decided June 5, 2007.


Ordered that the order is reversed, on the law, with one bill of costs payable to the plaintiff by the defendants appearing separately and filing separate briefs, and the motions for summary judgment dismissing the complaint are denied.

Contrary to the Supreme Court's determination, the defendants, in their separate motions for summary judgment, failed to meet their respective prima facie burdens of showing that the plaintiff did not sustain a serious injury within...

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