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MONDI v. KEAHON

32 A.D.3d 506 (2006)

820 N.Y.S.2d 625

GEORGE MONDI, Respondent, v. WILLIAM R. KEAHON, JR., Appellants.

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

August 22, 2006.

Ordered that the order dated November 4, 2005 is affirmed insofar as appealed from, with costs.

While we affirm the order dated November 4, 2005, 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 to make a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v Avis Rent...

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