Guzman v. Joseph

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated June 18, 2007, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

Although we affirm the order appealed from, we do so on *742grounds other than those relied upon by the Supreme Court. The defendant failed to satisfy his prima facie burden of showing that the plaintiff did not…