Majority
While we affirm the order appealed from, we do so on a ground different from that relied upon by the Supreme Court. The Supreme Court erred in concluding that the defendants failed to meet their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955 , 956-957 [1992]). The plaintiff alleged, inter alia, that as a result of the subject accident, the lumbosacral region of her spine sustained certain injuries. Although the Supreme Court correctly determined that the defendants failed to submit competent medical evidence establishing, prima facie, that those alleged injuries did not constitute a serious injury within the meaning of Insurance Law § 5102 (d) (see Scott v Gresio, 90 AD3d 736 , 736 [2011]), the defendants did submit competent medical evidence establishing, prima facie, that those alleged injuries were not caused by the accident (see Jilani v Palmer, 83 AD3d 786 , 787 [2011]).
Cases cited
- Toure v. Avis Rent A Car Systems, Inc. 98 NY2d 345 p. 902
- Scott v. Gresio 90 AD3d 736 at 736 p. 902
- Jilani v. Palmer 83 AD3d 786 at 787 p. 902
- Perl v. Meher 18 NY3d 208 at 220-221 p. 903
- Jaramillo v. Lobo 32 AD3d 417 at 418 p. 903
- Pommells v. Perez 4 NY3d 566 at 574 p. 903
- Abdelaziz v. Fazel 78 AD3d 1086 p. 903