Opinion
April 5, 1999
Appeal from the Supreme Court, Suffolk County (Doyle, J).
Ordered that the order is affirmed, with costs.
The report affirmed by Dr. Frank M. Hudak to be true under penalty of perjury pursuant to CPLR 2106, submitted by the defendant in support of her motion for summary judgment, made out a prima facie case that the plaintiff Barbara Mero did not sustain a serious injury within the meaning of Insurance Law § 5102 ( see, Farjam v. Michael Mgt., 253 A.D.2d 535). The medical evidence relied upon by the plaintiffs in opposition to the motion failed to raise a triable issue of fact ( see, CPLR 3212 [b]).
S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.