Opinion
Submitted April 26, 2000.
June 12, 2000.
In an action to recover damages for personal injuries, the third-party defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), entered July 12, 1999, as 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).
Montfort, Healy, McGuire Salley, Garden City, N.Y. (Donald S. Neumann, Jr., and Kathleen M. Dumont of counsel), for third-party defendants-appellants.
Before: GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the appellants' motion is granted, and the complaint is dismissed.
The appellants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Thus, it was incumbent on the plaintiff to come forward with admissible evidence to demonstrate a question of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The plaintiff failed to do so (see, Soto v. Fogg, 255 A.D.2d 502; Friedman v. U-Haul Truck Rental, 216 A.D.2d 266; Phillips v. Costa, 160 A.D.2d 855).