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SPUHLER v. KHAN

14 A.D.3d 693 (2005)

789 N.Y.S.2d 228

RICHARD A. SPUHLER et al., Respondents, v. MOHAMMAD R. KHAN et al., Appellants-Respondents, and NANCY A. ZAYAS, Respondent-Appellant, et al., Defendant.

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

January 31, 2005.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs.

The defendants Mohammad R. Khan and Muhammad Ekram Khan (hereinafter the Khans) failed to make a prima facie showing that the plaintiff Richard A. Spuhler (hereinafter the plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345

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