Ordered that the appeal from the order dated February 14, 1989, is dismissed, as that order was superseded by the order entered July 5, 1989, made upon reargument; and it is further,
Ordered that the order entered July 5, 1989, is affirmed insofar as appealed from, and it is further,
Ordered that the defendants are awarded one bill of costs.
The issue of whether the appellant has made a prima facie showing of having sustained a serious injury is one for the court in the first instance (see, Licari v Elliott, 57 N.Y.2d 230, 237; Ciaccio v J R Home Improvements, 149 A.D.2d 558). We agree with the Supreme Court that he has not satisfied the requirements of Insurance Law § 5102 (d) and § 5104 (a) since his injuries did not significantly limit the use of a bodily function or system or cause permanent consequential limitation of use of a bodily organ or member. Accordingly, the court properly granted the defendants' motion for summary judgment dismissing the complaint (see, Jones v Sharpe, 63 N.Y.2d 645; Martini v Asmann, 146 A.D.2d 571).
In light of this determination, we decline to address the appellant's other contention. Bracken, J.P., Kooper, Lawrence, Balletta and O'Brien, JJ., concur.