Opinion
March 8, 1991
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Doerr, J.P., Green, Pine, Lawton and Davis, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred by holding that plaintiff made out a prima facie showing of serious injury sufficient to raise a triable issue of fact. Defendant sustained his burden of proving that plaintiff did not suffer from a medically determined injury, and plaintiff's subjective complaints of pain, unsupported by any competent medical evidence, are insufficient to establish a prima facie case of serious injury within the meaning of the Insurance Law (see, McKnight v LaValle, 147 A.D.2d 902, 903, lv denied 74 N.Y.2d 605; Costa v Billingsley, 127 A.D.2d 990, 991; Doyle v Erie County Water Auth., 113 A.D.2d 1016).