Abraham v. Montgomery Kone, Inc.

—In an action to re

Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence demonstrating that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Santoro v Daniel, 276 AD2d 478 ). Thus, it was incumbent upon the plaintiffs to come forward with admissible evidence sufficient to raise an issue of fact (see, Gaddy v Eyler, 79 NY2d 955 , 956-957). We agree with the Supreme Court that the plaintiffs failed to do so (see, Harney v Tombstone Pizza Corp., 279 AD2d 609 ; Napoli v Cunningham, 273 AD2d 366 ; Jackson v New York City Tr. Auth., 273 AD2d 200 ; Grossman v Wright, 268 AD2d 79 , 85). Ritter, J. P., Goldstein, Friedmann, Feuerstein and Crane, JJ., concur.