Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
We agree with the defendant that the plaintiff has failed to submit prima facie medical evidence of "serious injury" within the meaning of Insurance Law § 5102 (d). The plaintiff was injured in an accident on February 4, 1987. Thereafter, she consulted various specialists who submitted reports, on which, together with her testimony at an examination before trial, the defendant relied in his motion for summary judgment. In her testimony at the examination before trial, the plaintiff stated that, on the day of the accident, she worked for half the day at her job as a schoolteacher, and further, that
A neurosurgeon also examined the plaintiff on October 24, 1988, in the presence of her counsel. The neurosurgeon reported that the plaintiff's back and neck motions were unrestricted, and there was no complaint of tenderness to palpation of the neck, back or extremities. Further, he reported that neurologically, the plaintiff was normal and had no disability, although she was bothered by headaches. Those were expected to subside. The defendant relied on these medical reports and the plaintiff's testimony of the examination before trial in his motion for summary judgment. In response, the plaintiff submitted a no-fault form of a neurosurgeon, who examined her in April 1987 and who reported that she suffered cerebral concussion, post-concussion syndrome, cervical strain, left facial contusions, facial pain, right ear pain and thoracolumbar strain syndrome. In her affidavit, the plaintiff averred that she still suffered periodic severe headaches and vomiting. The headaches had, however, diminished in frequency.
The evidence set forth above does not disclose a "serious injury" within the meaning of Insurance Law § 5102 (d). The plaintiff has shown little more than a "minor, mild or slight limitation of use * * * insignificant within the meaning of the statute" (Licari v Elliott, 57 N.Y.2d 230, 236; see also, Scheer v Koubeck, 70 N.Y.2d 678; Partlow v Meehan, 155 A.D.2d 647; Egan v Greene, 154 A.D.2d 574).