Opinion
May 30, 2000
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated July 2, 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).
Before: Joy, J. P., Thompson, Goldstein and Feuerstein, JJ.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant submitted evidence establishing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). In opposition, the plaintiff failed to produce evidentiary proof in admissible form demonstrating the existence of a material issue of fact ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957; Dimenshteyn v. Caruso, 262 A.D.2d 348; Russell v. City of Mount Vernon, 256 A.D.2d 454; DiNunzio v. County of Suffolk, 256 A.D.2d 498; Medina v. Zalmen Reis Assocs., 239 A.D.2d 394; Almonacid v. Meltzer, 222 A.D.2d 631).