Opinion
February 27, 1995
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Ordered that the appeal from the order dated March 27, 1993, is dismissed, as that order was superseded by the order entered November 8, 1993, made upon renewal; and it is further,
Ordered that the order entered November 8, 1993, is affirmed insofar as appealed from; and it is further,
Ordered that the respondents appearing separately and filing separate briefs are awarded one bill of costs.
We agree with the Supreme Court that the plaintiffs failed to establish a prima facie case that the injured plaintiff suffered a "serious injury" within the meaning of Insurance Law § 5102 (d). Accordingly, the Supreme Court properly granted the motion and cross motion for summary judgment (see, Gaddy v. Eyler, 79 N.Y.2d 955; Scheer v. Koubek, 70 N.Y.2d 678; Licari v. Elliott, 57 N.Y.2d 230; Beckett v. Conte, 176 A.D.2d 774). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.