Opinion
April 2, 1990
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the appellants' motion for summary judgment is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.
The Supreme Court improperly denied summary judgment to the appellants. The medical reports submitted by the respondent do not establish that she suffered a permanent loss of use of a body organ, member, function or system (see, Insurance Law § 5102 [d]). Those reports show that the respondent sustained a mild cervical sprain with some limitation of movement. We find that the injuries are not significant within the meaning of the statute (see, Martini v. Asmann, 146 A.D.2d 571; Grotzer v. Levy, 133 A.D.2d 67). Moreover, "[t]he subjective quality of plaintiff's transitory pain does not fall within the objective verbal definition of serious injury as contemplated by the No-Fault Insurance Law" (Scheer v. Koubek, 70 N.Y.2d 678, 679; see also, McLiverty v. Urban, 131 A.D.2d 449; De Filippo v White, 101 A.D.2d 801). Sullivan, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.