IARIA v. ROMERO

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

A review of the medical reports prepared by the plaintiff's physician, the hospital reports submitted, and the plaintiff's own deposition testimony, establishes that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see, Pagano v. Kingsbury, 182 A.D.2d 268; Rhind v Naylor, 187 A.D.2d 498). Moreover, the subjective quality of the plaintiff's pain does not fall within the objective definition of serious injury as contemplated by the no-fault law (see, Scheer v. Koubek, 70 N.Y.2d 678, 679; Saladino v. Meury, 193 A.D.2d 727). Thompson, J.P., Miller, Eiber and Santucci, JJ., concur.