Opinion
Submitted November 22, 2000.
December 19, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Winick, J.), dated May 16, 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).
Martin, Van de Walle, Donohue, McGahan, Catalano Fairgrieve, Jericho, N.Y. (Charles R. Van de Walle, Scott Fairgrieve, and Helen Voutsinas of counsel), for appellants.
Robert P. Tusa, Garden City, N.Y. (David Holmes of counsel), for respondents.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendants submitted admissible evidence demonstrating that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d), and the plaintiff failed to come forward with competent evidence to raise an issue of fact (see, Nisnewitz v. Renna, 273 A.D.2d 210; Guzman v. Michael Mgt., 266 A.D.2d 508; Smith v. Askew, 264 A.D.2d 834; Kauderer v. Penta, 261 A.D.2d 365; Lobo v. Singh, 259 A.D.2d 523).