Opinion
2002-04136
Submitted January 22, 2003.
February 18, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Jackson, J.), dated March 27, 2002, which, upon granting the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff Crisantos Jaimes did not sustain a serious injury within the meaning of Insurance Law § 5102(d), dismissed the complaint.
Bournazos Matarangas, P.C., New York, N.Y. (Dennis S. Matarangas of counsel), for appellants.
Before: SANDRA J. FEUERSTEIN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with costs.
We agree with the Supreme Court that the plaintiffs failed to come forward with sufficient admissible evidence to rebut the defendants' showing that the plaintiff Crisantos Jaimes did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Amato v. Psaltakis, 279 A.D.2d 439). Thus, the defendant's motion for summary judgment dismissing the complaint was properly granted (see Licari v. Elliott, 57 N.Y.2d 230).
FEUERSTEIN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.