Opinion
Submitted January 17, 2001.
February 13, 2001.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated May 4, 2000, which denied their motion for summary judgment dismissing the complaint on the ground that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d).
Frank A. Composto, Brooklyn, N.Y., for appellants.
Baron Associates, P.C., Brooklyn, N.Y. (Isaac M. Dana of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendants established a prima facie case that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d). Thus, it was incumbent upon the plaintiffs 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 plaintiffs failed to do so. Therefore, the defendants' motion for summary judgment dismissing the complaint should have been granted (see, Smith v. Askew, 264 A.D.2d 834; Kauderer v. Penta, 261 A.D.2d 365; Perez v. Velez, 253 A.D.2d 865; Marshall v. Albano, 182 A.D.2d 614; Pagano v. Kingsbury, 182 A.D.2d 268).