Shevach v Salvation Army

Shevach v Salvation Army 2007 NY Slip Op 01815 [38 AD3d 242] March 6, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

Gal Shevach, Respondent,
v
Salvation Army et al., Appellants.

—[*1] Alfred P. Lucia, Jr., Garden City, for appellants.

Fredric S. Masure, Brooklyn, for respondent.

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.P., Friedman, Marlow, Nardelli and Catterson, JJ.