Opinion
June 28, 1993
Appeal from the Supreme Court, Queens County (Rutledge, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.
A review of the medical reports prepared by the plaintiff's physician, the hospital reports submitted, and the plaintiff's own deposition testimony, establishes that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see, Pagano v. Kingsbury, 182 A.D.2d 268; Rhind v Naylor, 187 A.D.2d 498). Moreover, the subjective quality of the plaintiff's pain does not fall within the objective definition of serious injury as contemplated by the no-fault law (see, Scheer v. Koubek, 70 N.Y.2d 678, 679; Saladino v. Meury, 193 A.D.2d 727). Thompson, J.P., Miller, Eiber and Santucci, JJ., concur.