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KAVANAGH v. SINGH

34 A.D.3d 744 (2006)

826 N.Y.S.2d 97

LYNN KAVANAGH, Respondent, v. KULDIP SINGH et al., Appellants.

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

Decided November 28, 2006.

Ordered that the order is affirmed insofar as appealed from, on the law, with one bill of costs.

The defendants failed on their respective motions to establish that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]; Gaddy v Eyler, 79 N.Y.2d 955

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