Opinion
2000-10263
May 9, 2001
May 29, 2001
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated July 31, 2000, as granted the defendant's motion for summary judgment dismissing the complaint on the ground that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law 5102(d).
Asher Associates, P.C., Staten Island, N.Y. (Stacy N. Baden of counsel), for appellants.
Murray Lemonik, Jericho, N.Y. (Kathleen M. Geiger of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT and STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted the defendant's motion for summary judgment as he submitted admissible evidence demonstrating his entitlement to judgment as a matter of law, and the plaintiffs failed to come forward with competent evidence to raise an issue of fact ( see, Gaddy v. Eyler, 79 N.Y.2d 955; Smith v. Askew, 264 A.D.2d 834; Kauderer v. Penta, 261 A.D.2d 365; Decayette v. Kreger Truck Renting, 260 A.D.2d 342; Perez v. Velez, 253 A.D.2d 865).
O'BRIEN, J.P., KRAUSMAN, GOLDSTEIN, SCHMIDT and CRANE, JJ., concur.