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RICHARDS v. MANLEY DRIVING SCHOOL, INC.

27 A.D.3d 443 (2006)

811 N.Y.S.2d 746

BEVERLY RICHARDS, Respondent, v. MANLEY DRIVING SCHOOL, INC., et al., Respondents-Appellants, and JIM SMITH CHEVROLET, INC., et al., Appellants-Respondents.

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

March 7, 2006.

Ordered that the order is affirmed, with one bill of costs payable to the plaintiff by the defendants appearing separately and filing separate briefs.

While we affirm the order of the Supreme Court, we do so on grounds other than those relied upon by the Supreme Court. Contrary to the Supreme Court's finding, the defendants failed on their separate motions to make a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance...

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