Opinion
Submitted December 6, 2000.
December 27, 2000.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Richmond County (Mastro, J.), dated December 6, 1999, which denied its 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).
Wallace D. Gossett, New York, N.Y. (Steve S. Efron of counsel), for appellant.
Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, 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 met its initial burden of establishing that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d), and thus, it was incumbent upon the plaintiff to come forward with admissible evidence to raise a triable issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The plaintiff failed to do so (see, Scheer v. Koubek, 70 N.Y.2d 678; Doumanis v. Conzo, 265 A.D.2d 296; Carroll v. Jennings, 264 A.D.2d 494; Rum v. Pam Transp., 250 A.D.2d 751).