Opinion
Submitted May 24, 2000.
July 31, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Giaccio, J.), dated August 6, 1999, which granted the defendants' respective motions for summary judgment dismissing the complaint insofar as asserted against them, on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Vitacco Vitacco, Elmhurst, N.Y. (Michael E. Lipson of counsel), for appellant.
Agen Stenz, Woodbury, N.Y. (Robert Levitt of counsel), for respondents Jeffrey Clarke and Jeanette Clarke.
Ryan, Perrone Hartlein, P.C., Mineola, N.Y. (William T. Ryan and Robin Mary Heaney of counsel), for respondents Valentino Mikalef and Marios Mikalef.
Before: GUY JAMES MANGANO, P.J., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
The Supreme Court properly granted the respective motions for summary judgment, as the defendants made a prima facie showing that the plaintiff did not sustain a serious injury as a matter of law, and the plaintiff failed to raise a triable issue of fact in opposition thereto (see, Loiseau v. Maxwell, 256 A.D.2d 450; Pietrocola v. Battibulli, 238 A.D.2d 864; Edwards v. De Haven, 155 A.D.2d 757; Koppelmann v. Lepler, 135 A.D.2d 507; Post v. Broderick, 104 A.D.2d 977).