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PRICE v. MELONE

265 A.D.2d 316 (1999)

696 N.Y.S.2d 185

ARTHUR PRICE, Appellant, v. MITCHELL G. MELONE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 4, 1999.

Ordered that the order is affirmed, with costs.

The submissions of the defendant, including, inter alia, the affirmed reports of two physicians who examined the plaintiff on behalf of the defendant, established a prima facie case (see, CPLR 3212 [b]) that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). In opposition, the plaintiff failed to raise a triable issue of fact (see, Hewan v Callozzo, 223 A.D.2d 425; Zuckerman v Karagjozi, 247 A.D.2d 536). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment.

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