MANNIX v. LISI'S TOWING SERVICE, INC.

2008-09944.

67 A.D.3d 977 (2009)

888 N.Y.S.2d 773

2009 NY Slip Op 08793

TERRANCE MANNIX, Appellant, v. LISI'S TOWING SERVICE, INC., et al., Respondents.

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

Decided November 24, 2009.


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

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

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