JOSEPH v. CHERRY

ORDERED that the order is affirmed, with costs.

The defendant met her initial burden of establishing that the plaintiff did not sustain a serious injury within the meaning ofInsurance Law § 5102(d). It was then incumbent upon the plaintiff to come forward with admissible evidence sufficient to create an issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957 ). The plaintiff failed to do so (see, Dalessandro v. Amboy Bus Co., Inc., 262 A.D.2d 442; [2d Dept., June 14, 1999]; Burnett v. Miller, 255 A.D.2d 541 ; Ryan v. Xuda, 243 A.D.2d 457 ; Lincoln v. Johnson, 225 A.D.2d 593 ; Traugott v. Konig, 184 A.D.2d 765 ).