Opinion
2003-00897.
December 22, 2003.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated December 10, 2002, which denied their 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).
Lewis, Johs, Avallone, Aviles Kaufman, LLP, Melville, N.Y. (Ann K. Kandel of counsel), for appellants.
Borda, Kennedy, Alsen Gold, LLP, Bay Shore, N.Y. (Peter J. Alsen of counsel), for respondent.
Before: ROBERT W. SCHMIDT and BARRY A. COZIER, 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 made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject motor vehicle accident ( see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345; Gaddy v. Eyler, 79 N.Y.2d 955). The affirmations of the plaintiff's physicians submitted in opposition to the defendants' motion were insufficient to raise a triable issue of fact ( see Trotter v. Hart, 285 A.D.2d 772; Williams v. Ciaramella, 250 A.D.2d 763; Cabri v. Myung-Soo Park, 260 A.D.2d 525; Waldman v. Pong Kook Chang, 175 A.D.2d 204; Medina v. Zalmen Reis and Assocs., 239 A.D.2d 394). Accordingly, the defendants were entitled to summary judgment dismissing the complaint.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.