Opinion
May 14, 1990
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as it is against the defendant Brown, and the action against the remaining defendants is severed.
Contrary to the conclusions of the Supreme Court, we find that the plaintiff has failed to meet her burden of establishing a prima facie case of "serious injury" as defined in Insurance Law § 5102 (d). The record establishes that the plaintiff was able to return to work, as a part-time student typist, approximately two weeks subsequent to the accident. Although she complained of headaches and intermittent pain, these subjective complaints were insufficient to defeat the appellant's motion (see, Gootz v Kelly, 140 A.D.2d 874; McLiverty v. Urban, 131 A.D.2d 449; Dwyer v Tracey, 105 A.D.2d 476). Moreover, there is no objective medical documentation to support the plaintiff's claim of significant limitation of motion or other orthopedic damage, nor is there proof that her alleged injuries were permanent in nature (see, Leschen v. Kollarits, 144 A.D.2d 122; Palmer v. Amaker, 141 A.D.2d 622; Spangenberg v. Dombrowski, 114 A.D.2d 497). Accordingly, the order is reversed and the appellant's motion for summary judgment is granted. Kunzeman, J.P., Rubin, Eiber and Miller, JJ., concur.