Opinion
Submitted May 23, 2001
June 18, 2001.
In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Queens County (Dye, J.), dated August 23, 2000, which granted the motion of the defendant Rodolfo Perez for summary judgment dismissing the complaint insofar as asserted against him on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Harmon Linder, New York, N.Y. (Steven Hoffman of counsel), for appellant.
Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. (Jonathan A. Dachs of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the respondent's motion for summary judgment, as he demonstrated his entitlement to judgment as a matter of law, and the plaintiff failed to come forward with competent evidence to raise an issue of fact (see, Lopez v. Senatore, 65 N.Y.2d 1017, 1019; Guzman v. Paul Michael Mgt., 266 A.D.2d 508; Smith v. Askew, 264 A.D.2d 834; Noble v. Ackerman, 252 A.D.2d 392, 394; Medina v. Zalmen Reis Assocs., 239 A.D.2d 394; Friedman v. U-Haul Truck Rental, 216 A.D.2d 266; Marshall v. Albano, 182 A.D.2d 614).
SANTUCCI, J.P., S. MILLER, LUCIANO, FEUERSTEIN and ADAMS, JJ., concur.