PALMERI v. NEWSON

Order affirmed, with costs.

It is incumbent upon the court to decide in the first instance whether a plaintiff has established a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d) (see, Licari v. Elliott, 57 N.Y.2d 230, 237). In the instant case, the medical report of the plaintiff's treating physician indicates a rapid return to full-time employment and no limitation of motion or problems. The plaintiff has failed to establish that his injuries met any of the threshold requirements for serious injury within the meaning of the statute (see, D'Iorio v. Brancoccio, 115 A.D.2d 634; De Filippo v. White, 101 A.D.2d 801). Gibbons, J.P., Bracken, Weinstein and Niehoff, JJ., concur.