CASTALDO v. MIGLIORE

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

The defendants established a prima facie case that the plaintiff did not sustain a serious injury through the affirmed medical reports of a neurologist and an orthopedist who examined him and concluded that he sustained nothing more than sprains and strains (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957).

The medical evidence submitted by the plaintiff in opposition to the motion failed to set forth verified objective medical findings that were based on a recent examination of the plaintiff (see, Grossman v. Wright, 268 A.D.2d 79). Accordingly, the plaintiff failed to raise a triable issue of fact (see, CPLR 3212[b]).

ALTMAN, J.P., SMITH, KRAUSMAN, McGINITY and COZIER, JJ., concur.