Opinion
2003-05349.
Decided May 17, 2004.
In related actions to recover damages for personal injuries, Kenneth Turner, the plaintiff in Action No. 3, and Victor Lopez, the plaintiff in Action No. 5, appeal from an order of the Supreme Court, Richmond County (Ponterio, J.), dated May 7, 2003, which granted the motion of Stephen J. Flynn, a defendant in those actions, and the motion of Kevin McRae and the New York City Transit Authority, defendants in Action No. 3 and third-party defendants in Action No. 5, for summary judgment dismissing the complaints in those actions on the ground that the plaintiffs in those actions did not sustain serious injuries within the meaning of Insurance Law § 5102(d).
Amir Alishahi, P.C., Staten Island, N.Y. and Michael M. Goldberg, P.C., New York, N.Y. (Lawrence B. Goodman of counsel), for appellants (one brief filed).
Stockschlaeder, McDonald, Sules, P.C., New York, N.Y. (Richard T. Sules and Remy Larson of counsel), for Stephen Flynn, respondent in Action No. 3 and defendant-third-party plaintiff-respondent in Action No. 5.
Wallace D. Gossett, New York, N.Y. (Renée L. Cyr and Steve S. Efron of counsel), for New York City Transit Authority, respondent in Action No. 3 and third-party defendant-respondent in Action No. 5.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
The moving parties (hereinafter the defendants) made a prima facie showing that the plaintiffs in Action Nos. 3 and 5 (hereinafter the plaintiffs) did not sustain serious injuries within the meaning of Insurance Law § 5102(d) as a result of the subject motor vehicle accident ( see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345; Gaddy v. Eyler, 79 N.Y.2d 955). The affirmations of the plaintiffs' physicians submitted in opposition to the defendants' motions failed to establish that any of the alleged injuries or limitations in movement were of a significant nature ( see Trotter v. Hart, 285 A.D.2d 772; Williams v. Ciaramella, 250 A.D.2d 763; Cabri v. Myung Soo Park, 260 A.D.2d 525; Waldman v. Dong Kook Chang, 175 A.D.2d 204; Medina v. Zalmen Reis and Assocs., 239 A.D.2d 394).
Moreover, the plaintiffs failed to submit any competent medical evidence supporting their claim that they were unable to perform substantially all of their daily activities for not less than 90 of the first 180 days following the accident as a result of it ( see Sainte-Aime v. Ho, 274 A.D.2d 569; Jackson v. New York City Tr. Auth., 273 A.D.2d 200; Greene v. Miranda, 272 A.D.2d 441; Arshad v. Gomer, 268 A.D.2d 450; Bennett v. Reed, 263 A.D.2d 800; DiNunzio v. County of Suffolk, 256 A.D.2d 498, 499).
Accordingly, the defendants were properly granted summary judgment dismissing the complaint in Actions No. 3 and 5.
SANTUCCI, J.P., SMITH, LUCIANO and ADAMS, JJ., concur.