Opinion
2002-06229
Submitted May 28, 2003.
June 16, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Tolbert, J.), entered June 24, 2002, which 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).
Lucchese D'Ammora, LLP, White Plains, N.Y. (Dario Di Lello of counsel), for appellant.
Wilson, Bave, Conboy, Cozza Couzens, P.C., White Plains, N.Y. (Robert J. Gironda of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, LEO F. McGINITY, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant established a prima case 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 admissible evidence to raise a triable issue of fact (see Gaddy v. Eyler, 79 N.Y.2d 955). We agree with the Supreme Court that the plaintiff failed to meet his burden (see Delpilar v. Browne, 282 A.D.2d 647; Goldin v. Lee, 275 A.D.2d 341; Soto v. Fogg, 255 A.D.2d 502; Friedman v. U-Haul Truck Rental, 216 A.D.2d 266).
RITTER, J.P., FEUERSTEIN, McGINITY, TOWNES and COZIER, JJ., concur.