Opinion
Submitted January 17, 2001.
February 13, 2001.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Clemente, J.), dated March 3, 2000, which denied their 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).
McMahon, Martine Gallagher, New York, N.Y. (Patrick W. Brophy of counsel), for appellants.
Aronowitz Singer, Great Neck, N.Y. (Steven B. Drelich of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendants met their initial burden of establishing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d), and thus, it was incumbent upon the plaintiff to come forward with admissible evidence to raise an issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The plaintiff failed to do so (see, Grossman v. Wright, 268 A.D.2d 79; Guzman v. Michael Mgt., 266 A.D.2d 508; Noble v. Ackerman, 252 A.D.2d 392, 394). Accordingly, the Supreme Court should have granted the defendants' motion for summary judgment dismissing the complaint.