Nirenberg v. Public Administrator

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Loehr, J.), dated October 28, 2008, which denied its motion for summary judgment dismissing the complaint on the ground that the plaintiff Alla Nirenberg did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

While we affirm the order appealed from, we do so on a ground other than that relied upon by the Supreme Court. The defendant failed to meet its prima facie burden of showing that…