Opinion
May 25, 1984
Appeal from the Supreme Court, Onondaga County, Sullivan, J.
Present — Dillon, P.J., Callahan, Doerr, O'Donnell and Moule, JJ.
Order unanimously reversed, without costs, and motion granted. Memorandum: In this personal injury action, defendants appeal from an order denying their motion for summary judgment dismissing the complaint. We reverse. The medical reports and hospital records submitted by the parties on the motion demonstrate as a matter of law that plaintiff did not suffer a "serious injury" as that term is defined in subdivision 4 of section 671 Ins. of the Insurance Law (see Thrall v City of Syracuse, 96 A.D.2d 715, revd for reasons stated in dissenting mem of Justice Moule 60 N.Y.2d 950; Licari v Elliott, 57 N.Y.2d 230). Since plaintiff otherwise failed to establish any question of fact on that issue, summary judgment should have been granted to defendants (see Shaffer v Kasperek, 79 A.D.2d 1092; Ferguson v Temmons, 79 A.D.2d 1090).