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CHRIS OLIC, Appellant, v. Gus G. PAPPAS et al., Respondents.

Ordered that the order is reversed, on the law, with costs, and the motions for summary judgment dismissing the complaint are denied.

The evidence which the defendants submitted in support of their motions failed to eliminate all issues of fact as to whether the plaintiff sustained a fracture of the cervical region of the spine as a result of the subject motor vehicle accident ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324). Accordingly, it is not necessary to consider the sufficiency of the plaintiff's opposition papers ( see Alvarez v Prospect Hosp. 68 NY2d at 324; Wein v Amato Props., LLC, 30 AD3d 506, 508).

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OLIC v. PAPPAS
(Jan 22, 2008)