JEFFERSON v. VILLAGE OF OSSINING

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants' evidence, which consisted of the plaintiff's General Municipal Law § 50-h hearing and deposition testimony, medical records, and the affirmed report of their own examining physician, was sufficient to make 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 NY2d 345; Gaddy v. Eyler, 79 NY2d 955). The plaintiff's opposition, which consisted solely of an affirmation of the plaintiff's attorney, was clearly insufficient to raise a triable issue of fact ( see Carpluk v. Friedman, 269 AD2d 349, 350; Sloan v. Schoen, 251 AD2d 319). Accordingly, the defendants' motion for summary judgment dismissing the complaint should have been granted.

In light of our determination, we need not reach the parties' remaining contentions.