Opinion
Submitted September 26, 2001.
October 15, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), entered June 26, 2000, which granted the defendants' cross 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).
Sean M. Bunting, Westbury, N.Y. (Gerald A. Bunting of counsel), for appellant.
Martyn, Toher, Esposito Martyn, Mineola, N Y (John P. Reis of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendants made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence demonstrating that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Thus, it was incumbent upon the plaintiff to come forward with admissible evidence to raise a triable issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). We agree with the Supreme Court that the plaintiff failed to do so (see, Valencia v. Siu-Ke Lui, 239 A.D.2d 339; see also, Paulino v. Xiaoyu Dai, 279 A.D.2d 619; Grossman v. Wright, 268 A.D.2d 79; Williams v. Hughes, 256 A.D.2d 461; Marotta v. Mastroianni, 273 A.D.2d 206).
O'BRIEN, J.P., S. MILLER, McGINITY, SCHMIDT and TOWNES, JJ., concur.