Shevach v. Salvation Army

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered March 15, 2006, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Defendants in this personal injury action have failed to make a prima facie showing that plaintiff did not sustain a serious injury as a result of the accident (Bray v Rosas, 29 AD3d 422 [2006]). Concur—Andrias, J.E, Friedman, Marlow, Nardelli and Catterson, JJ.