Opinion
2003-02183.
December 22, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Putnam County (Sweeney, J.), dated February 5, 2003, as granted the defendant's 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).
Lester Forest, Jr., P.C., Yorktown Heights, N.Y., for appellant.
Boeggeman, George, Hodges Corde, P.C., White Plains, N.Y. (Leslie K. Arfine of counsel), for respondent.
Before: THOMAS A. ADAMS and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant made a prima facie showing of his entitlement to summary judgment by submitting the medical records of the plaintiff's own treating physicians which established that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject motor vehicle accident ( see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345; Gaddy v. Eyler, 79 N.Y.2d 955). The papers submitted by the plaintiff in opposition to the defendant's motion were insufficient to raise a triable issue of fact in this regard ( see Cabri v. Myung-Soo Park, 260 A.D.2d 525; Williams v. Ciaramella, 250 A.D.2d 763; Medina v. Zalmen Reis and Assocs., 239 A.D.2d 394; Waldman v. Dong Kook Chang, 175 A.D.2d 204). Accordingly, the defendant was properly granted summary judgment in his favor dismissing the complaint.
ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.