Opinion
Submitted January 24, 2001
February 20, 2001.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated June 8, 2000, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not to sustain a serious injury within the meaning of Insurance Law § 5102(d).
Shapiro, Beilly, Rosenberg, Aronowitz, Levy Fox, LLP, New York, N Y (Roy Karlin of counsel), for appellant.
Davidson Cohen, P.C., Rockville, N.Y. (Leslie C. Siskind of counsel), for respondents.
Before: BRACKEN, ACTING P.J., S. MILLER, McGINITY and SCHMIDT, JJ., concur.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant`s motion papers failed to establish a prima facie case that the plaintiff's injuries were not serious within the meaning of Insurance Law § 5102(d) (see, Chaplin v. Taylor, 273 A.D.2d 188; Flanagan v. Hoeg, 212 A.D.2d 756, 757; Mendola v. Demetres, 212 A.D.2d 515).