Opinion
01-08311
Submitted May 1, 2002
June 3, 2002
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated August 3, 2000, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff Phyllis A. Beck did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Daly Dalton Schermerhorn, P.C., New York, N.Y. (Kenneth M. Dalton of counsel), for appellants.
Diamond, Rutman, Costello Silberglitt (Rivkin Radler LLP, Uniondale, N.Y. [Evan H. Krinick, Cheryl F. Korman, and Stuart M. Bodoff] of counsel), for respondent.
MYRIAM J. ALTMAN, J.P., SANDRA J. FEUERSTEIN, WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
ORDERED that the order is affirmed, with costs.
We agree with the Supreme Court that the plaintiffs failed to come forward with sufficient admissible evidence to rebut the defendant's initial showing that the allegedly injured plaintiff, Phyllis A. Beck, did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Amato v. Psaltakis, 279 A.D.2d 439). Thus, the defendant's motion for summary judgment dismissing the complaint was properly granted (see Licari v. Elliott, 57 N.Y.2d 230).
ALTMAN, J.P., FEUERSTEIN, FRIEDMANN, SCHMIDT and TOWNES, JJ., concur.