Pfeiffer v. New York Central Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages under the supplementary uninsured/underinsured motorist provision of an insurance policy, the defendant appeals from an order of the Supreme Court, Westchester County (Loehr, J.), entered October 9, 2009, which denied its 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 a ground other than that relied upon by the Supreme Court. The defendant’s…
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