Opinion
2001-10280
Submitted October 30, 2002.
November 25, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Barasch, J.), dated August 23, 2001, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff Brendan P. Dwyer did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Gregory Peck, New York, N.Y. (Rayhan Nazrali of counsel), for appellants.
Diamond, Cardo, King, Peters Fodera, New York, N.Y. (Deborah F. Peters of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant's medical proof established the defendant's prima facie entitlement to judgment as a matter of law, on the ground that the plaintiff Brendan P. Dwyer did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject motor vehicle accident (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345). The physician's affirmation submitted by the plaintiffs in opposition to the motion was insufficient to raise a triable issue of fact (see Lentini v. Melina, 287 A.D.2d 550; Barbeito v. Kesev Taxi, Inc., 281 A.D.2d 379; Beckett v. Conte, 176 A.D.2d 774; cf. Toure v. Avis Rent A Car Sys., supra). Accordingly, the motion for summary judgment was properly granted.
FLORIO, J.P., O'BRIEN, FRIEDMANN, ADAMS and CRANE, JJ., concur.