| Washington v Cross |
| 2008 NY Slip Op 01139 [48 AD3d 457] |
| February 5, 2008 |
| Appellate Division, Second Department |
| Luanne Washington et al., Appellants, v Sherri Cross et al.,Respondents. |
—[*1] Milber, Makris, Plousadis & Seiden, LLP, Woodbury, N.Y. (Lorin A. Donnelly of counsel),for respondent Sherri Cross. Boeggeman, George & Corde, P.C., White Plains, N.Y. (Cynthia Dolan of counsel), forrespondent Roger E. Gair.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an orderof the Supreme Court, Westchester County (Murphy, J.), entered August 16, 2006, which grantedthose branches of the motion of the defendant Roger E. Gair and the cross motion of thedefendant Sherri Cross which were for summary judgment dismissing the complaint insofar asasserted against each of them on the ground that neither of the plaintiffs sustained a serious injurywithin the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with one bill of costs.
The medical evidence which the defendants submitted in support of their respective motionand cross motion, inter alia, for summary judgment dismissing the complaint, established that, asa result of the subject motor vehicle accident, the plaintiffs sustained only sprains and/or strains,and accordingly, neither of them sustained a serious injury within the meaning of Insurance Law§ 5102 (d) (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 352 [2002];Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]; Hasner v Budnik, 35 AD3d 366, 368 [2006]; Forte vVaccaro, 175 AD2d 153 [1991]). In opposition to the motion and cross motion, the plaintiffsfailed to raise a triable issue of fact. The plaintiffs' remaining contentions regarding the proprietyof the cross motion and the admissibility of the [*2]defendants'evidence are without merit. Spolzino, J.P., Skelos, Florio and Angiolillo, JJ., concur.