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RICH-WING v. BABOOLAL

18 A.D.3d 726 (2005)

795 N.Y.S.2d 706

ROSA RICH-WING, Appellant, v. KALEEL BABOOLAL et al., Defendants, and FORD MOTOR CREDIT COMPANY et al., Respondents.

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

May 23, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs to the respondents appearing separately and filing separate briefs, the motions are denied, and the complaint is reinstated.

The respondents failed to make a prima facie showing that 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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