Ordered that the order is affirmed, with costs.
The appellant had the initial burden of establishing a prima facie entitlement to judgment as a matter of law by demonstrating that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). Under the circumstances of this case, the appellant failed to make a sufficient evidentiary showing to entitle him to summary judgment. Since the appellant failed to satisfy his initial burden, the plaintiffs were not required to come forward with proof that the injured plaintiff sustained a serious injury ( see, Rodriguez v. Goldstein, 182 A.D.2d 396).
Bracken, J. P., Pizzuto, Altman, Krausman, JJ., concur.