MITCHELL v. CASA REDIMIX CONCRETE CORPORATION

2010-04414.

83 A.D.3d 1015 (2011)

921 N.Y.S.2d 543

LENERT MITCHELL, Respondent, v. CASA REDIMIX CONCRETE CORPORATION et al., Appellants.

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

Decided April 26, 2011.


Ordered that the order is affirmed, with one bill of costs.

While we affirm the order appealed from, we do so on a ground other than that relied upon by the Supreme Court. Contrary to the Supreme Court's determination, the defendants, who relied on the same submissions, met their prima facie burdens 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...

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