NAGER v. GHATAN

ORDERED that the order is affirmed insofar as appealed from, with costs.

The defendant Thomas J. Meehan established, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345). The opinion of the plaintiff's expert was unsupported by any objective medical evidence, and thus, was insufficient to raise a triable issue of fact (see Toure v. Avis Rent A Car Sys., supra at 351; Scudera v. Mahbubur, 299 A.D.2d 535; Shay v. Jerkins, 263 A.D.2d 475; Friedman v. U-Haul Truck Rental, 216 A.D.2d 266).

Furthermore, the plaintiff failed to demonstrate that she sustained a medically-determined injury or impairment of a non-permanent nature as a result of the accident which prevented her from performing all of the material acts which constituted her usual and customary daily activities for a period of not less than 90 days during the 180-day period immediately following the accident (see Gaddy v. Eyler, 79 N.Y.2d 955; Licari v. Elliott, 57 N.Y.2d 230; Greene v. Miranda, 272 A.D.2d 441, 442; Carpluk v. Friedman, 269 A.D.2d 349, 350; Cullum v. Washington, 227 A.D.2d 370, 371).

SANTUCCI, J.P., KRAUSMAN, McGINITY, SCHMIDT and CRANE, JJ., concur.