Opinion
Submitted January 26, 2000
March 6, 2000
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), dated April 14, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Whalen Whalen, Cross River, N.Y. (James T. Whalen of counsel), for appellants.
Kaplan Winkler, White Plains, N.Y. (Douglas A. Gingold of counsel), for respondent.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The affirmed reports of neurosurgeon Dr. Kenneth Gang, submitted by the defendant in support of his motion, established a prima facie case that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102(d) (see, Gaddy v. Eyler, 79 N.Y.2d 955 ). The plaintiffs' opposition, including the affidavits of chiropractor Dr. Joel Kaplan, failed to raise a triable issue of fact (see, CPLR 3212[b]).
RITTER, J.P., SULLIVAN, S. MILLER, LUCIANO, and H. MILLER, JJ., concur.