Opinion
01-05491
February 6, 2002
March 11, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered May 15, 2001, which, inter alia, granted the defendants' cross motion for summary judgment dismissing the complaint.
Melvyn S. Jacknowitz, New York, N.Y. (Anthony J. Visone of counsel), for appellants.
Anthony J. Benedict, Pearl River, N.Y., for respondents.
DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, HOWARD MILLER, and SANDRA L. TOWNES, JJ.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the defendants' cross motion for summary judgment dismissing the complaint. The defendants submitted admissible evidence demonstrating that the plaintiff Giovanna Pirrotta did not sustain a serious injury within the meaning of Insurance Law § 5102(d). The plaintiffs failed to come forward with admissible evidence sufficient to raise a triable issue of fact (see, Licari v. Elliott, 57 N.Y.2d 230; Harney v. Tombstone Pizza Corp., 279 A.D.2d 609; Grossman v. Wright, 268 A.D.2d 79).
In light of our determination, we need not address the plaintiffs' remaining contentions.