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HARMAN v. BUSCH

37 A.D.3d 537 (2007)

829 N.Y.S.2d 680

GAYLE HARMAN et al., Respondents, v. ARTHUR BUSCH, Respondent, and ROBERT M. SCHANK, Appellant.

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

Decided February 13, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

While we affirm the order insofar as appealed from we do so on grounds other than those relied upon by the Supreme Court. The defendant Robert M. Schank failed to establish prima facie that the plaintiff Gayle Harman (hereinafter the injured 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...

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