Opinion
2002-05586
Submitted February 26, 2003.
March 31, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (DeMaro, J.), dated May 8, 2002, as granted the motion of the defendant Thomas J. Meehan for summary judgment dismissing the complaint insofar as asserted against him on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Harold L. Sokoloff, Great Neck, N.Y. (Weisberg Weisberg [Sidney A. Weisberg and Robert S. Thaler] of counsel), for appellant.
Curtis, Vasile, Devine, McElhenny, Merrick, N.Y. (Hugh J. Larkin of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant Thomas J. Meehan established, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345). The opinion of the plaintiff's expert was unsupported by any objective medical evidence, and thus, was insufficient to raise a triable issue of fact (see Toure v. Avis Rent A Car Sys., supra at 351; Scudera v. Mahbubur, 299 A.D.2d 535; Shay v. Jerkins, 263 A.D.2d 475; Friedman v. U-Haul Truck Rental, 216 A.D.2d 266).
Furthermore, the plaintiff failed to demonstrate that she sustained a medically-determined injury or impairment of a non-permanent nature as a result of the accident which prevented her from performing all of the material acts which constituted her usual and customary daily activities for a period of not less than 90 days during the 180-day period immediately following the accident (see Gaddy v. Eyler, 79 N.Y.2d 955; Licari v. Elliott, 57 N.Y.2d 230; Greene v. Miranda, 272 A.D.2d 441, 442; Carpluk v. Friedman, 269 A.D.2d 349, 350; Cullum v. Washington, 227 A.D.2d 370, 371).
SANTUCCI, J.P., KRAUSMAN, McGINITY, SCHMIDT and CRANE, JJ., concur.