Opinion
2001-06218
Submitted February 20, 2002.
March 25, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated May 31, 2001, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Silver Santo, LLP (Lisa M. Comeau, Floral Park, N.Y., of counsel), for appellant.
Martin, Fallon Mullé, Huntington, N.Y. (Larry M. Shaw of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, LEO F. McGINITY, and BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
We agree with the Supreme Court that the plaintiff failed to come forward with sufficient admissible evidence to rebut the defendants' initial showing that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Amato v. Psaltakis, 279 A.D.2d 439). Thus, summary judgment dismissing the complaint was properly granted to the defendants (see Licari v. Elliott, 57 N.Y.2d 230).
ALTMAN, J.P., SMITH, KRAUSMAN, McGINITY and COZIER, JJ., concur.