Diaz v. Wiggins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendants Larry Wiggins and Isabel Castro appeal from an order of the Supreme Court, Richmond County (Cusick, J.), dated May 28, 1999, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.
The appellants established prima facie that the plaintiff did not suffer a serious…
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