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LOPEZ v. FELTON

60 A.D.3d 822 (2009)

875 N.Y.S.2d 550

JULIO LOPEZ, Respondent, v. LESTER V. FELTON, JR., et al., Appellants.

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

Decided March 17, 2009.

Ordered that the order is affirmed, with costs.

While we affirm the order appealed from, we do so on grounds different from those 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 a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002...

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