Opinion
2001-10970
Submitted October 30, 2002.
November 25, 2002.
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Bucaria, J.), dated November 13, 2001, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff Amatsia Salomon did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Tassan Pugatch Nikolis, Garden City, N.Y. (Leonard J. Pugatch and Lori Adelson of counsel), for appellants.
Robert J. Cava, P.C., West Babylon, N.Y., for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Upon the defendants' prima facie showing that the plaintiff Amatsia Salomon did not sustain a serious injury within the meaning of Insurance Law § 5102(d), the plaintiffs failed to raise a triable issue of fact as to whether she sustained such an injury (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345; Gaddy v. Eyler, 79 N.Y.2d 955, 957).
The plaintiffs' remaining contention is without merit (see Zecca v. Riccardelli, 293 A.D.2d 31).
FEUERSTEIN, J.P., KRAUSMAN, LUCIANO, TOWNES and COZIER, JJ., concur.