Opinion
2001-02547
Submitted November 21, 2001.
December 10, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Palmieri, J.), dated February 8, 2001, as granted the separate motions of the defendants for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
KROHN, ROSENBLUM, HAMETZ, WALDMAN WATTERS, LLP, Merrick, N.Y. (IVAN W. HAMETZ and JACQUELINE A. WATTERS of counsel), for appellant.
CURTIS, VASILE, DEVINE MCELHENNY, Merrick, N.Y. (HUGH J. LARKIN of counsel), for respondent Peter Hatzioannides.
RUBIN, FIORELLA FRIEDMAN, LLP, New York, N.Y. (KENNETH S. FIORELLA of counsel), for respondent Frank Williams (relying on the brief filed by respondent Peter Hatzioannides).
MARTYN, TOHER, ESPOSITO and MARTYN, Mineola, N.Y. (JACQUELINE R. FUTTERMAN of counsel), for respondent Peter Santos (relying on the brief filed by respondent Peter Hatzioannides).
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs to the respondent Peter Hatzioannides.
In support of their respective motions for summary judgment, the defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see, Gaddy v. Eyler, 79 N.Y.2d 955; Grossman v. Wright, 268 A.D.2d 79, 83-84). In opposition, the plaintiff failed to raise an issue of fact as to whether she sustained such a serious injury, since she failed to submit competent medical evidence in admissible form (see, Grasso v. Angerami, 79 N.Y.2d 813; Paulino v. Xiaoyu Dai, 279 A.D.2d 619; Young v. Ryan, 265 A.D.2d 547). Furthermore, in the absence of such admissible objective evidence of injury, the plaintiff's self-serving affidavit was insufficient to raise a triable issue of fact (see, Paulino v. Xiaoyu Dai, supra).
SANTUCCI, J.P., ALTMAN, FLORIO, H. MILLER and COZIER, JJ., concur.