Opinion
2001-03261
Submitted January 23, 2002.
February 25, 2002.
In an action to recover damages for personal injuries, etc., the plaintiff Luis Crespo appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated February 7, 2001, which granted the motion of the defendant Shaaban Mohamed Amir Saad, and the separate motions of the defendants Luis Guzman and BV Car Ventures, Inc., for summary judgment dismissing the complaint insofar as asserted by him against them on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Berns Castro, New York, N.Y. (Lloyd M. Berns of counsel), for appellant.
Smith Mazure Director Wilkins Young Yagerman Tarallo, P.C., New York, N.Y. (Andrew Funk of counsel), for respondent BV Car Ventures, Inc.
George F. Sacco, Staten Island, N.Y., for respondent Shaaban Mohamed Amir Saad.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, HOWARD MILLER, SANDRA L. TOWNES, JJ.
ORDERED that the order is affirmed, with one bill of costs.
The respondents made a prima facie showing that the appellant did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Thus, it was incumbent on the appellant to come forward with admissible evidence sufficient to raise a triable issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955). The appellant failed to do so (see, Taylor v. Jerusalem Air, 280 A.D.2d 466; Grossman v. Wright, 268 A.D.2d 79, 84).
RITTER, J.P., FEUERSTEIN, O'BRIEN, H. MILLER and TOWNES, JJ., concur.