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PFEIFFER v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

2009-10452.

71 A.D.3d 971 (2010)

900 N.Y.S.2d 71

LINDA PFEIFFER, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

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

Decided March 23, 2010.

Ordered that the order is affirmed, with costs.

Although we affirm the order appealed from, we do so on a ground other than that relied upon by the Supreme Court. The defendant's proof in support of its motion failed to establish its prima facie entitlement to judgment as a matter of law on the ground that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d) (see Toure v Avis Rent A

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