Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
It is well settled that the question of whether the plaintiff has established a prima facie case of "serious injury" rests with the court in the first instance (see, Licari v. Elliott, 57 N.Y.2d 230; Hezekiah v. Williams, 81 A.D.2d 261). We find that the conclusory allegations set forth in the affidavit of the plaintiff's physician are, without more, insufficient as a matter of law to establish "serious injury" and the defendant, therefore, is entitled to summary judgment dismissing the complaint (see, Popp v. Kremer, 124 A.D.2d 720; Padron v. Hood, 124 A.D.2d 718; Lopez v. Senatore, 65 N.Y.2d 1017). Thompson, J.P., Niehoff, Weinstein, Kunzeman and Spatt, JJ., concur.