Opinion
2002-08195
Submitted February 26, 2003.
March 17, 2003.
In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated June 4, 2002, which granted the defendants' respective motions for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Ross Legan Rosenberg Zelen Flaks, LLP, New York, N.Y. (Michael Flaks of counsel), for appellant.
Ted M. Tobias, Melville, N.Y. (Gary Austin Manso of counsel), for respondent Nechemiah Reiss.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff failed to come forward with admissible evidence, and thus did not rebut the defendants' initial showings that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Amato v. Psaltakis, 279 A.D.2d 439). Thus, the Supreme Court properly granted the defendants' respective motions for summary judgment dismissing the complaint insofar as asserted against them (see Licari v. Elliott, 57 N.Y.2d 230).
FLORIO, J.P., S. MILLER, FRIEDMANN, TOWNES and MASTRO, JJ., concur.