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FONG LAM v. SPRING SCAFFOLDING, INC.

33 A.D.3d 955 (2006)

824 N.Y.S.2d 337

CHUI FONG LAM, Respondent, v. SPRING SCAFFOLDING, INC., et al., Appellants.

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

Decided October 31, 2006.

Ordered that the order is affirmed, without costs or disbursements.

While we affirm the order of the Supreme Court, we do so on a ground other than that relied upon by the Supreme Court. The defendants did not satisfy their initial prima facie burden of showing 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...

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