MALLOY v. BRISCO

Ordered that the order is affirmed, with costs.

In support of their motions for summary judgment, the defendants submitted the pleadings and a portion of the examination before trial of the plaintiff Margaret Malloy. In opposition, Margaret Malloy offered her own affidavit and a physician's report. Margaret Malloy's examination before trial indicated that approximately four weeks after the accident she returned to both work and her duties as a member of the local volunteer ambulance crew.

On these facts the court properly granted the defendants' motions for summary judgment. By her own admission, Margaret Malloy was not disabled for a period of 90 during the 180 days immediately following the occurrence of the injury (see, Insurance Law § 5102 [d]). In addition, Margaret Malloy's affidavit of subjective pain was insufficient to raise a triable issue of fact (Zoldas v. Louise Cab Corp., 108 A.D.2d 378, 381). Under these circumstances, Margaret Malloy failed, as a matter of law, to establish that she sustained a serious injury within the meaning of the statute (Insurance Law § 5102 [d]; DeFilippo v White, 101 A.D.2d 801; Hezekiah v. Williams, 81 A.D.2d 261). Sullivan, J.P., Lawrence, Ritter and Santucci, JJ., concur.