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VARRELL JENKINS, JR., appellant, v. MELISSA I. DIAMOND, ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The defendants 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). In opposition, the plaintiff failed to raise a triable issue of fact as to whether he sustained such an injury, since he failed to submit competent medical evidence in admissible form ( see Grasso v. Angerami, 79 N.Y.2d 813; Rodney v. Solntseu, 302 A.D.2d 442; Bourgeois v. North Shore Univ. Hosp. at Forest Hills, 290 A.D.2d 525; Palo v. Latt, 270 A.D.2d 323; Ford Motor Credit Co. v. Prestige Gown Cleaning Serv., 193 Misc.2d 262).

SANTUCCI, J.P., FEUERSTEIN, GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.

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JENKINS v. DIAMOND
(Sep 22, 2003)