Opinion
May 5, 1997
Appeal from Supreme Court, Suffolk County (Underwood, J.).
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court's conclusion that the defendant established a prima facie entitlement to judgment as a matter of law that the plaintiff did not sustain serious injury as defined by Insurance Law § 5102(d) ( see, Nicosia v. Straberg, 236 A.D.2d 595; Locasio v. Astoria Bus Co., 236 A.D.2d 447). The evidence adduced by the plaintiff in opposition failed to rebut the defendant's prima facie showing ( see, Williams v. Toshiko, 237 A.D.2d 350; Nicosia v. Straberg, supra). Therefore, the court correctly awarded summary judgment to the defendants.
Miller, J.P., Thompson, Joy and Luciano, JJ., concur.