—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ motion for summary judgment dismissing the complaint. Defendants established prima facie that plaintiff did not sustain a serious injury, and plaintiff failed to sustain [his] burden of making a prima facie showing of serious injury sufficient to raise a triable issue of fact” ’ ” (Eldred v Stoddard, 217 AD2d 952, 952-953; see, Insurance Law § 5102 [d]). The "certified report” of plaintiffs physician was based upon plaintiff’s subjective complaints and was not sufficient to establish a serious injury (see, Eldred v Stoddard, supra, at 953). (Appeal from Order of Supreme Court, Erie County, Gorski, J.—Summary Judgment.) Present—Pine, J. P., Fallon, Wesley, Balio and Boehm, JJ.
Lawrence A. Rawa, Respondent, v. Carmella Kroeger et al., Appellants
229 A.D.2d 947646 N.Y.S.2d 473
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