Opinion
Submitted January 12, 2000
February 24, 2000
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated April 14, 1999, which granted the defendant's motion 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).
Steve Giano (Jonathan A. Moore, Syosset, N.Y. of counsel), for appellant.
Cheven, Keely Hatzis, New York, N.Y. (Thomas Torto and Jason Levine of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant met her initial burden of establishing that the plaintiff did not sustain a serious injury within the meaning ofInsurance Law § 5102(d) . It was then incumbent upon the plaintiff to come forward with admissible evidence sufficient to create an issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957 ). The plaintiff failed to do so (see, Dalessandro v. Amboy Bus Co., Inc., 262 A.D.2d 442; [2d Dept., June 14, 1999]; Burnett v. Miller, 255 A.D.2d 541 ; Ryan v. Xuda, 243 A.D.2d 457 ; Lincoln v. Johnson, 225 A.D.2d 593 ; Traugott v. Konig, 184 A.D.2d 765 ).