Opinion
Submitted June 23, 1999
October 21, 1999
Fine Hummel, P.C., Huntington, N.Y. (Ralph A. Hummel of counsel), for appellant.
Diamond, Paino, Cardo, King, Peters Fodera, Brooklyn, N Y (Deborah F. Peters of counsel), for respondent.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCabe, J.), entered October 7, 1998, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
ORDERED that the order is affirmed, with costs.
The submissions of the defendant, including, inter alia, the affirmed reports of two physicians who examined the plaintiff on behalf of the defendant, established a prima facie case (see, CPLR 3212[b]) that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). In opposition, the plaintiff failed to raise a triable issue of fact (see, Hewan v. Callazzo, 223 A.D.2d 425; Zuckerman v. Karagjozi, 247 A.D.2d 536 ). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment.
MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.