Opinion
Submitted April 12, 2000.
July 26, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 27, 1999, which granted the defendant's motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Keegan Keegan, LLP, Patchogue, N.Y. (Thomas J. Keegan, Jr., of counsel), for appellants.
Ronan, McDonnell Kehoe (Sweetbaum Sweetbaum, Lake Success, N Y [Marshall D. Sweetbaum] of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant established a prima facie case that the injured plaintiff Joshua Bonventre (hereinafter the plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see, Gaddy v. Eyler, 79 N.Y.2d 955; Licari v. Elliott, 57 N.Y.2d 230). The affidavits submitted in opposition, including those of the plaintiff and his physician, failed to raise a triable issue of fact on that issue (see, Gaddy v. Eyler, supra, at 955; Kauderer v. Penta, 261 A.D.2d 365).