Opinion
2001-10972, 2001-04187
Argued December 12, 2001.
December 31, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Jonas, J.), dated March 26, 2001, which granted the motion of the defendant Cho Pyung Choi, in which the defendant Roy A. Campbell joined, 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).
Mintz Schaffer, Freeport, N.Y. (Eugene Schaffer of counsel), for appellant.
Nicolini, Paradise, Ferretti Sabella, Mineola, N Y (Barbara L. Hall of counsel), for respondent Cho Pyung Choi.
Before: CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs payable to the respondent Cho Pyung Choi.
The defendants 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 sufficient to raise a triable issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955). The plaintiff failed to do so (see, Monette v. Keller, 281 A.D.2d 523; Grossman v. Wright, 268 A.D.2d 79, 84).
O'BRIEN, J.P., S. MILLER, McGINITY, SCHMIDT and TOWNES, JJ., concur.