FALLON v. LANDWIRT

Appeal from the Supreme Court, Rockland County (Weiner, J.).

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The medical evidence submitted by the defendants in support of their motions for summary judgment made out a prima facie case that the plaintiff Anne Fallon did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The only competent medical evidence which the plaintiffs submitted in opposition to the motion, the affidavit sworn to on February 26, 1998, by Dr. Michael I. Weintraub, failed to causally relate the injuries to the accident ( see, Verrelli v. Tronolone, 230 A.D.2d 789).

S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.