STEPNOSKI v. BRITO

2011-08335.

96 A.D.3d 1039 (2012)

946 N.Y.S.2d 881

2012 NY Slip Op 5161

LEON J. STEPNOSKI, Respondent, v. JOSE BRITO et al., Appellants.

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

June 27, 2012.


Ordered that the order is affirmed, without costs or disbursements.

We affirm the order denying the defendants' motion for summary judgment dismissing the complaint, but do so on a ground different from that relied upon by the Supreme Court.

The defendants failed to meet their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as...

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