Opinion
January 28, 1991
Appeal from the Supreme Court, Suffolk County (Baisley, J.).
Ordered that the order and judgment is affirmed insofar as appealed from, with costs.
The issue of whether the plaintiff has made a prima facie showing of having sustained a serious injury is one for the court in the first instance (Licari v Elliott, 57 N.Y.2d 230, 237). We agree with the Supreme Court that the plaintiff has not satisfied the requirements of Insurance Law § 5102 (d) and § 5104 (a) since her alleged injury, "acute cervical strain", did not significantly limit the use of a body function or system nor cause permanent consequential limitation of use of a body organ or member. Accordingly, the court properly granted the respondent's motion for summary judgment dismissing the complaint (see, Jones v Sharpe, 63 N.Y.2d 645; Martini v Asmann, 146 A.D.2d 571). Thompson, J.P., Brown, Balletta, Miller and O'Brien, JJ., concur.