Opinion
July 12, 1996
Appeal from the Supreme Court, Erie County, Gorski, J.
Present — Pine, J.P., Fallon, Wesley, Balio and Boehm, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants' motion for summary judgment dismissing the complaint. Defendants established prima facie that plaintiff did not sustain a serious injury, and plaintiff "failed to sustain [his] burden of making `"a prima facie showing of serious injury sufficient to raise a triable issue of fact"'" ( Eldred v Stoddard, 217 A.D.2d 952, 952-953; see, Insurance Law § 5102 [d]). The "certified report" of plaintiff's physician was based upon plaintiff's subjective complaints and was not sufficient to establish a serious injury ( see, Eldred v. Stoddard, supra, at 953).