Opinion
September 20, 1993
Appeal from the Supreme Court, Westchester County (Wood, J).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
Contrary to the conclusions of the Supreme Court, we find that the plaintiff failed to meet his burden of establishing a prima facie case of serious injury as defined in Insurance Law § 5102 (d). The plaintiff did not lose any days of work as a result of the injuries he sustained in the accident. Further, although the plaintiff complained of back pain, his subjective complaints were insufficient to defeat the defendants' motion for summary judgment (see, Grayer v Jerez, 192 A.D.2d 637; Dubois v Simpson, 182 A.D.2d 993; Tipping-Cestari v Kilhenny, 174 A.D.2d 663). Moreover, the affidavit of the plaintiff's doctor failed to raise a triable issue of fact (see, Gaddy v Eyler, 79 N.Y.2d 955; Grier v Kuhn, 187 A.D.2d 559; Hemmes v Twedt, 180 A.D.2d 925, 926). Bracken, J.P., Balletta, Eiber, O'Brien and Pizzuto, JJ., concur.