Opinion
Submitted September 27, 2000
October 23, 2000.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), dated November 17, 1999, which denied their 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).
William J. Fitzpatrick, Melville, N.Y. (Diane E. Ryan of counsel), for appellants.
Blodnick Gordon Fletcher Sibell, P.C., Jericho, N.Y. (Karen Lynch of counsel), for respondent .
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Thus, it was incumbent on the plaintiff to come forward with admissible evidence to establish the existence of an issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The plaintiff failed to do so (see, Licari v. Elliott, 57 N.Y.2d 230; Grossman v. Wright, 268 A.D.2d 79; Guzman v. Michael Mgt., 266 A.D.2d 508; Thomas v. Roach, 246 A.D.2d 591).