Opinion
October 30, 1995
Appeal from the Supreme Court, Kings County (Garry, J.).
Ordered that the order is affirmed insofar as appealed from, with costs to the respondents Peter Posner and Marsha A. Posner.
The record shows that the plaintiff did not meet her burden of establishing "serious injury" as defined in Insurance Law § 5102 (d). Consequently, the court properly granted the defendants' respective motion and cross motion for summary judgment dismissing the complaint (see, Licari v. Elliott, 57 N.Y.2d 230). Sullivan, J.P., Thompson, Copertino, Krausman and Florio, JJ., concur.