INGLES v. YURCHAK

Ordered that the order is affirmed, with costs.

Based upon a review of the record, we conclude that Special Term did not err in granting the defendants' motion for summary judgment. In opposition to the defendants' motion, the plaintiffs failed to meet their burden of making a prima facie showing of "serious injury" as defined in Insurance Law former § 671 (4) (now § 5102 [d]). In reaching this conclusion, we reject the plaintiffs' contention that the submission of a medical affidavit is necessary in order to prevail on a summary judgment motion claiming a failure to establish a serious injury (see, Padron v. Hood, 124 A.D.2d 718; Popp v. Kremer, 124 A.D.2d 720). Niehoff, J.P., Rubin, Eiber and Kunzeman, JJ., concur.