Opinion
2001-03960
Submitted December 5, 2001.
December 24, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Dabiri, J.), entered April 6, 2001, which granted the separate motions of the defendants Port Rent-A-Car and Port Motors Daily Rental, Inc., and the defendant Hibris Baez, for summary judgment dismissing the complaint insofar as asserted against them on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Wild Springer, Brooklyn, N.Y. (Sharon Weintraub Dashow of counsel), for appellant.
Shapiro, Beilly, Rosenberg, Aronowitz, Levy Fox, LLP, New York, N Y (Roy J. Karlin of counsel), for respondents Port Rent-A-Car and Port Motors Daily Rental, Inc.
George F. Sacco, Staten Island, N.Y., for respondent Hibris Baez.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS, A. GAIL PRUDENTI, JJ.
ORDERED that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The Supreme Court properly granted the defendants' motions for summary judgment dismissing the complaint, as they submitted sufficient admissible evidence, through the plaintiff's deposition testimony, demonstrating their entitlement to judgment as a matter of law, and the plaintiff failed to raise a triable issue of fact (see, Grossman v. Wright, 268 A.D.2d 79, 84; Smith v. Askew, 264 A.D.2d 834; Kauderer v. Penta, 261 A.D.2d 365; DeCaires v. Love, 261 A.D.2d 502; Baldasty v. Cooper, 238 A.D.2d 367).
KRAUSMAN, J.P., LUCIANO, ADAMS and PRUDENTI, JJ., concur.