Opinion
Submitted September 13, 2000
October 2, 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 October 1, 1999, which, inter alia, granted the defendants' cross motion for summary judgment dismissing the complaint on the ground that the plaintiff Sandra Diers did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Michael G. LoRusso, Melville, N.Y., for appellants.
Schondebare Brown, LLP, Ronkonkoma, N.Y. (Dennis M. Brown and Amy B. Korcz 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.
We agree with the Supreme Court that 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 that the plaintiff failed to come forward with competent evidence to create an issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955, 958 Cabri v. Myung-Soo Park, 260 A.D.2d 525; Stipes v. Kopf, 255 A.D.2d 502; Lebron v. Camacho, 251 A.D.2d 295; Gutierrez v. Metropolitan Suburban Bus Auth., 240 A.D.2d 469). In light of our determination, it is unnecessary to reach the plaintiffs' remaining contention.