WASHINGTON v. CROSS

Ordered that the order is affirmed, with one bill of costs.

The medical evidence which the defendants submitted in support of their respective motion and cross motion, inter alia, for summary judgment dismissing the complaint, established that, as a result of the subject motor vehicle accident, the plaintiffs sustained only sprains and/or strains, and accordingly, neither of them sustained a serious injury within the meaning of Insurance Law § 5102 (d) ( see Toure v Avis Rent A Car Sys., 98 NY2d 345, 352; Gaddy v Eyler, 79 NY2d 955, 956-957; Hasner v Budnik, 35 AD3d 366, 368; Forte v Vaccaro, 175 AD2d 153). In opposition to the motion and cross motion, the plaintiffs failed to raise a triable issue of fact. The plaintiffs' remaining contentions regarding the propriety of the cross motion and the admissibility of the defendants' evidence are without merit.