Opinion
April 9, 1998
Appeal from the Supreme Court, New York County (Robert Lippmann, J.).
Plaintiffs' claims that they were unable to work for more than 90 out of the 180 days following the accident due to injuries stemming from the accident are not supported by any objective proof of confinement or incapacity, and their action was therefore properly dismissed for failure to raise issue of fact as to whether they sustained serious injuries within the meaning of Insurance Law § 5102 (d) ( see, Hewan v. Callozzo, 223 A.D.2d 425). Plaintiffs' subjective complaints of pain, described in their medical reports and affidavits, are no more probative of how much time plaintiffs lost from work than they would be of the gravity of the injuries themselves, were that the basis of plaintiffs' claims ( see, Scheer v. Koubek, 70 N.Y.2d 678).
Concur — Rosenberger, J.P., Nardelli, Wallach, Rubin and Mazzarelli, JJ.