SCHREIBER v. JIMENEZ

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Supreme Court, Appellate Division, Second Department, New York.

Jennifer SCHREIBER, respondent, v. Bladimir JIMENEZ, et al., appellants.

Decided: February 22, 1999

GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN and ANITA R. FLORIO, JJ. Diamond, Paino, Cardo, King, Peters & Fodera, Brooklyn, N.Y. (Brian Supranowitz of counsel), for appellants. Stephan Persoff, Carle Place, N.Y., for respondent.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Franco, J.), entered May 20, 1998, which denied their motion for summary judgment pursuant to CPLR 3212 based on the plaintiff's failure to sustain a serious injury within the meaning of Insurance Law § 5102(d).

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants' submissions in support of their motion for summary judgment made out a prima facie case that the plaintiff did not suffer a serious physical injury within the meaning of Insurance Law § 5102(d).   In opposition, the plaintiff failed to raise a triable issue of fact as to whether she missed 90 days of work during the 180-day period which followed the accident (see, Baldasty v. Cooper, 238 A.D.2d 367, 656 N.Y.S.2d 332;  Letellier v. Walker, 222 A.D.2d 658, 635 N.Y.S.2d 682;  Schaefer v. Pierce, 205 A.D.2d 521, 613 N.Y.S.2d 53).

The plaintiff's remaining contention is without merit.

MEMORANDUM BY THE COURT.

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