Opinion
May 17, 1999
Appeal from the Supreme Court, Queens County (Berke, J.).
Ordered that the order is affirmed, with costs.
In support of their motion for summary judgment, the defendants submitted proof in admissible form which established that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The burden then shifted to the plaintiff to demonstrate the existence of a triable issue of fact ( see, Gaddy v. Eyler, 79 N.Y.2d 955). We agree with the Supreme Court that the plaintiff failed to meet this burden ( see, Tabacco v. Kasten, 229 A.D.2d 526; Atamian v. Mintz, 216 A.D.2d 430; Friedman v. U-Haul Truck Rental, 216 A.D.2d 266). Thus, the defendants were properly granted summary judgment ( see, Licari v. Elliott, 57 N.Y.2d 230).
Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.