GUZMAN v. BOWEN


46 A.D.3d 617 (2007)

847 N.Y.S.2d 630

VIOLETA GUZMAN, Respondent, v. CHESTERFIELD BOWEN et al., Appellants.

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

Decided December 11, 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. Contrary to the Supreme Court's determination, the defendants failed on their separate motions to meet their respective prima facie burdens establishing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v...

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