Opinion
2001-06139
Submitted January 30, 2002.
February 25, 2002.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated May 8, 2001, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Lewis, Johs, Avallone, Aviles Kaufman, LLP, Melville, N.Y. (Ann K. Kandel of counsel), for appellants.
Sanders, Sanders, Block Woycik, P.C., Mineola, N.Y. (Martin Block of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendants established a prima facie case that the plaintiff did not sustain a serious injury through the affirmed medical reports of a neurologist and an orthopedist who examined him and concluded that he sustained nothing more than sprains and strains (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957).
The medical evidence submitted by the plaintiff in opposition to the motion failed to set forth verified objective medical findings that were based on a recent examination of the plaintiff (see, Grossman v. Wright, 268 A.D.2d 79). Accordingly, the plaintiff failed to raise a triable issue of fact (see, CPLR 3212[b]).
ALTMAN, J.P., SMITH, KRAUSMAN, McGINITY and COZIER, JJ., concur.