HAWKINS v. MONTERO

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court that the defendants motion papers failed to establish a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Rosmarin v. Lamostanaro, 238 A.D.2d 567; Flanagan v. Hoeg, 212 A.D.2d 756).

O'Brien, J.P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.