Castrillon v Oulabed
2008 NY Slip Op 09548 [57 AD3d 470]
December 2, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


Juan Carlos Castrillon et al., Appellants,
v
Khalid Oulabed et al., Respondents.

[*1] Michael A. Cervini, Jackson Heights, N.Y. (Jonathan B. Seplowe of counsel), for appellants.

Baker, McEvoy, Morrissey & Moskovits, P.C., New York, N.Y. (Michael I. Josephs of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Nelson, J.), dated January 28, 2008, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff Juan Carlos Castrillon did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The defendants met their prima facie burden of showing that the plaintiff Juan Carlos Castrillon (hereinafter the injured plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, the plaintiffs failed to raise a triable issue of fact. The plaintiffs' submissions either did not constitute competent medical evidence in admissible form (see Grasso v Angerami, 79 NY2d 813, 814-815 [1991]; Pagano v Kingsbury, 182 AD2d 268, 270 [1992]), or otherwise failed to establish that the injured plaintiff sustained a serious injury under any statutory definition of the term (see Eldrainy v Hassain, 56 AD3d 419 [2008]; Krauer v Hines, 55 AD3d 881 [2008]; Deutsch v Tenempaguay, 48 AD3d 614, 615 [2008]). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. Rivera, J.P., Dillon, Covello and McCarthy, JJ., concur.