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McDONALD v. POOKIE HACKING CORPORATION

37 A.D.3d 430 (2007)

829 N.Y.S.2d 616

JOSEPH McDONALD, Respondent, v. POOKIE HACKING CORPORATION et al., Appellants, et al., Defendants.

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

Decided February 6, 2007.

Ordered that the order is affirmed, with costs.

While we affirm the order appealed from, we do so on grounds other than those relied upon by the Supreme Court. The defendants Pookie Hacking Corporation and Asif Nazir (hereinafter the defendants) failed to establish prima facie 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.,

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