SAVATTERE v. BARNATHAN

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

The defendant met her initial burden of demonstrating that the plaintiff Nancy Savattere did not sustain a serious injury within the meaning of Insurance Law § 5102(d). It was, therefore, incumbent upon the plaintiffs to come forward with sufficient evidence to create an issue of fact as to whether the injured plaintiff sustained a medically-determined injury which prevented her from performing substantially all of the material acts which constituted her usual and customary daily activities for not less than 90 of the 180 days immediately following the underlying accident (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The plaintiffs failed to do so.

The affirmation of the injured plaintiff's treating physician was tailored to meet statutory requirements, and, as such, was insufficient to raise a triable issue of fact (see, Grossman v. Wright, 268 A.D.2d 79; Powell v. Hurdle, 214 A.D.2d 720). Moreover, the injured plaintiff's subjective complaints of pain and disability were insufficient to raise a genuine issue of fact in this matter (see, Kauderer v. Penta, 261 A.D.2d 365).