Opinion
Submitted September 13, 2000.
October 16, 2000.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Cozzens, J.), dated October 7, 1999, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Lewis, Johs, Avallone, Aviles Kaufman, Melville, N.Y. (Allison C. Shields of counsel), for appellant.
Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Thus, it was incumbent on the plaintiff to come forward with evidence in admissible form to raise an issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The plaintiff failed to do so (see, Soto v. Fogg, 255 A.D.2d 502; Reeves v. Scopaz, 227 A.D.2d 606; Stallone v. County of Suffolk, 209 A.D.2d 403; Philpotts v. Petrovic, 160 A.D.2d 85 6; Lebreton v. New York City Tr. Auth., 267 A.D.2d 211, 212-213).