Opinion
2002-11269
Submitted September 10, 2003.
September 22, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Dollard, J.), dated August 15, 2002, which granted the motion of the defendants Melissa I. Diamond and Cary L. Diamond, and the separate motion of the defendant David A. Babb, for summary judgment dismissing the complaint insofar as asserted against them on the ground that he did not sustain a serious injury within the meaning of Insurance law § 5102(d).
Michael N. David, New York, N.Y., for appellant.
Agen Stenz, Westbury, N.Y. (Stuart M. Kurland of counsel), for respondents Melissa I. Diamond and Cary L. Diamond.
Braff, Harris Sukoneck, LLP, Livingston, N.Y. (Jennifer M. Burke of counsel), for respondent David A. Babb.
Before: FRED T. SANTUCCI, J.P., SANDRA J. FEUERSTEIN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The defendants made a prima facie showing that the plaintiff did not sustain a serious injury 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). In opposition, the plaintiff failed to raise a triable issue of fact as to whether he sustained such an injury, since he failed to submit competent medical evidence in admissible form ( see Grasso v. Angerami, 79 N.Y.2d 813; Rodney v. Solntseu, 302 A.D.2d 442; Bourgeois v. North Shore Univ. Hosp. at Forest Hills, 290 A.D.2d 525; Palo v. Latt, 270 A.D.2d 323; Ford Motor Credit Co. v. Prestige Gown Cleaning Serv., 193 Misc.2d 262).
SANTUCCI, J.P., FEUERSTEIN, GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.