Opinion
2002-03012
Submitted February 26, 2003.
March 31, 2003.
In an action to recover damages for personal injuries, etc., the plaintiff Graciela B. Martinez appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered February 28, 2002, which granted the defendants' motion for summary judgment dismissing the complaint insofar as asserted by her on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
S. Abrahams Associates, P.C. (Silvia Surdez, Flushing, N.Y., of counsel), for appellants.
Thomas M. Bona, P.C., White Plains, N.Y. (Debra C. Salvi of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendants established a prima facie showing of entitlement to summary judgment by demonstrating that the plaintiff Graciela B. Martinez did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Thus, it was incumbent on her to come forward with admissible evidence to create an issue of fact (see Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). She failed to do so (see Friedman v. U-Haul Truck Rental, 216 A.D.2d 266), and thus, the defendants were entitled to summary judgment dismissing the complaint insofar as asserted by the appellant.
FEUERSTEIN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.