Opinion
2002-09038
Submitted June 11, 2003.
August 18, 2003.
In an action to recover damages for personal injuries, the plaintiffs Julia Hernandez, Jose Ramos, and Noemi Funes appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Burke, J.), entered August 23, 2002, as granted the separate motions of the defendants Rodney LaPidus and Paul LaForgia for summary judgment dismissing the complaint insofar as asserted against them by the plaintiffs Julia Hernandez and Noemi Funes on the ground that neither of those plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102(d).
Harmon, Linder Rogowsky, New York, N.Y. (Jenna Anderson of counsel), for appellants.
Montfort, Healy, McGuire Salley, Garden City, N.Y. (Donald S. Neumann, Jr., and John B. Saville of counsel), for respondent Rodney LaPidus.
Russo, Apoznanski Hellreich, Woodbury, N.Y. (Susan J. Mitola of counsel), for respondent Paul LaForgia.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the appeal by the plaintiff Jose Ramos is dismissed, as that plaintiff is not aggrieved by the portion of the order appealed from; and it is further,
ORDERED that the order is affirmed insofar as reviewed; and it is further,
ORDERED that one bill of costs is awarded to the respondents.
The defendants Rodney LaPidus and Paul LaForgia established their prima facie entitlement to summary judgment by submitting, among other things, affirmations by their examining physician which indicated that neither the plaintiff Julia Hernandez, nor the plaintiff Noemi Funes, sustained a serious injury within the meaning of Insurance Law § 5102(d) ( see Kallicharan v. Sooknanan, 282 A.D.2d 573; Santoro v. Daniel, 276 A.D.2d 478) . Thus, it was incumbent upon the appellants to come forward with admissible evidence sufficient to demonstrate the existence of an issue of fact ( see Gaddy v. Eyler, 79 N.Y.2d 955). The appellants failed to meet this burden ( see Monaco v. Davenport, 277 A.D.2d 209; Graves v. Liu, 273 A.D.2d 440; Young v. Ryan, 265 A.D.2d 547; Waaland v. Weiss, 228 A.D.2d 435).
SANTUCCI, J.P., SMITH, LUCIANO, SCHMIDT and MASTRO, JJ., concur.