Opinion
November 22, 1993
Appeal from the Supreme Court, Kings County (Jackson, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the defendants Barry Baldwin and New York City Transit Authority, and the action against the remaining defendants is severed.
The medical reports submitted by the plaintiff's treating physicians indicate that he suffered narrowed intervertebral disc space, postconcussion syndrome, lumbar sprain without neurological complications and radiculitis. We note that none of the reports issued by the plaintiff's treating physicians indicated the expected duration of the plaintiff's symptoms (see, Partlow v Meehan, 155 A.D.2d 647). Under these circumstances, the plaintiff failed to meet his burden of demonstrating that he suffered a serious injury within the meaning of Insurance Law § 5102 (d) (see, Coughlan v Donnelly, 172 A.D.2d 480; Forte v Vaccaro, 175 A.D.2d 153; Serio v Radin, 168 A.D.2d 612; De Filippo v White, 101 A.D.2d 801). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.