Opinion
Submitted October 10, 2001.
October 29, 2001.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Parga, J.), entered December 14, 2000, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law — 5102(d).
Ross, Suchoff, Hankin, Maidenbaum, Handwerker Mazel, P.C., New York, N.Y. (Tracy Fox of counsel), for appellants.
Piper Marbury Rudnick Wolfe, LLP, New York, N.Y. (Christopher G. Campbell and O. Daniel Ansa of counsel), for respondents.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed, with costs.
The defendants made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence demonstrating that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law — 5102(d) (see, Santoro v. Daniel, 276 A.D.2d 478). Thus, it was incumbent upon the plaintiffs to come forward with admissible evidence sufficient to raise an issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). We agree with the Supreme Court that the plaintiffs failed to do so (see, Harney v. Tombstone Pizza Corp., 279 A.D.2d 609; Napoli v. Cunningham, 273 A.D.2d 366; Jackson v. New York City Tr. Auth., 273 A.D.2d 200; Grossman v. Wright, 268 A.D.2d 79, 85).
RITTER, J.P., GOLDSTEIN, FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.