Linda Rotella, et al., appellants, v. Nicole V. Mace, et al., respondents.

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

Linda Rotella, et al., appellants, v. Nicole V. Mace, et al., respondents.

2010–09122 (Index No. 8326/08)

Decided: November 22, 2011

REINALDO E. RIVERA, J.P. ANITA R. FLORIO RANDALL T. ENG L. PRISCILLA HALL JEFFREY A. COHEN, JJ. Vasti & Vasti, P.C., Pleasant Valley, N.Y. (Thomas F. Vasti III of counsel), for appellants. Kaplan, Hanson, McCarthy, Adams, Finder & Fishbein, Albany, N.Y. (Paul G. Hanson of counsel), for respondents.

Submitted—November 9, 2011

DECISION & ORDER

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Dolan, J.), dated July 27, 2010, as granted the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff Linda Rotella did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

ORDERED that the order is affirmed insofar as appealed from, with costs.

The defendants met their prima facie burden of showing that the plaintiff Linda Rotella (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 N.Y.2d 345;  Gaddy v. Eyler, 79 N.Y.2d 955, 956–957).   The plaintiffs alleged, inter alia, that as a result of the subject accident, the cervicothoracic region of the injured plaintiff's spine sustained certain injuries, and the defendants provided competent medical evidence establishing, inter alia, that those alleged injuries did not constitute a serious injury within the meaning of Insurance Law § 5102(d) (see Rodriguez v. Huerfano, 46 AD3d 794, 795).

In opposition, the plaintiffs failed to raise a triable issue of fact.   Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

RIVERA, J.P., FLORIO, ENG, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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