Opinion
September 28, 1987
Appeal from the Supreme Court, Kings County (Hurowitz, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
As a result of an automobile accident, the plaintiff Marion Gargiulo, a housewife, allegedly suffered "soft tissue contusions" and aggravated a preexisting emotional condition associated with one who suffers from severe asthma. The medical evidence submitted by the defendants in support of their motion, including a medical report by the plaintiff Marion Gargiulo's examining doctor, indicates that (1) any change in that plaintiff's emotional condition did not continue after the first month after the accident and (2) the allegedly injured plaintiff did not suffer from any physical disability. In opposition to the defendants' motion for summary judgment, the plaintiffs submitted only an affidavit of their counsel which was insufficient to demonstrate the existence of an issue of fact on the issue of whether the plaintiff Marion Gargiulo suffered a "serious injury" as defined in Insurance Law § 5102 (d) (see, Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065). Accordingly, summary judgment should have been granted to the defendants (see, Popp v Kremer, 124 A.D.2d 720; Padron v. Hood, 124 A.D.2d 718). Mollen, P.J., Mangano, Brown and Lawrence, JJ., concur.