Opinion
01-05662
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, Suffolk County (Costello, J.), dated May 21, 2001, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff Lisa Schroeder did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Steven D. Dollinger Associates, P.C., Melville, N.Y. (Susan R. Nudelman of counsel), for appellants.
Robert P. Tusa, Yonkers, N.Y. (David Holmes of counsel), for respondent.
MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, LEO F. McGINITY, and BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
The defendant made a prima facie showing that the plaintiff Lisa Schroeder did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Thus, it was incumbent on the plaintiffs to come foward with admissible evidence sufficient to raise a triable issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955). The plaintiffs failed to do so (see, Taylor v. Jerusalem Air, 280 A.D.2d 466; Grossman v. Wright, 268 A.D.2d 79, 84).