Opinion
2003-03617.
Decided March 15, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruditzky, J.), dated March 12, 2003, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Dominick W. Lavelle, Mineola, N.Y. (Susan R. Nudelman of counsel), for appellant.
Leahey Johnson, P.C., New York, N.Y. (Peter James Johnson, Jr., of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, SANDRA L. TOWNES, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant made a prima facie showing that the plaintiff 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; Gaddy v. Eyler, 79 N.Y.2d 955). The affirmation of the plaintiff's physician submitted in opposition to the defendant's motion failed to establish that any of the identified limitations in movement were of a significant nature ( see Trotter v. Hart, 285 A.D.2d 772, 773; Baker v. Donahue, 199 A.D.2d 661; Waldman v. Dong Kook Chang, 175 A.D.2d 204; Medina v. Zalmen Reis Assocs., 239 A.D.2d 394), and was otherwise inadequate to raise a triable issue of fact.
Accordingly, the defendant was entitled to summary judgment in his favor dismissing the complaint.
RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.