JENKINS v. DIAMOND

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.