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FISHER v. WILLIAMS

Appellate Division of the Supreme Court of New York, Second Department.
Dec 10, 2001
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ORDERED that the order is affirmed insofar as appealed from, with costs to the respondent Peter Hatzioannides.

In support of their respective motions for summary judgment, the defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law ยง 5102(d) (see, Gaddy v. Eyler, 79 N.Y.2d 955; Grossman v. Wright, 268 A.D.2d 79, 83-84). In opposition, the plaintiff failed to raise an issue of fact as to whether she sustained such a serious injury, since she failed to submit competent medical evidence in admissible form (see, Grasso v. Angerami, 79 N.Y.2d 813; Paulino v. Xiaoyu Dai, 279 A.D.2d 619; Young v. Ryan, 265 A.D.2d 547). Furthermore, in the absence of such admissible objective evidence of injury, the plaintiff's self-serving affidavit was insufficient to raise a triable issue of fact (see, Paulino v. Xiaoyu Dai, supra).

SANTUCCI, J.P., ALTMAN, FLORIO, H. MILLER and COZIER, JJ., concur.