Fisher v. Williams

• Decision Date: 10 December 2001
• Citation: 289 A.D.2d 288,734 N.Y.S.2d 497
• Parties: COLEEN D. FISHER, Appellant,<BR>v.<BR>FRANK WILLIAMS et al., Respondents.
• Court: New York Supreme Court — Appellate Division

289 A.D.2d 288

734 N.Y.S.2d 497

COLEEN D. FISHER, Appellant,

v.FRANK WILLIAMS et al., Respondents.

Decided December 10, 2001.

Santucci, J. P., Altman, Florio, H. Miller and Cozier, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondent Peter Hatzioannides.

In support of their respective motions for summary judgment, the defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 NY2d 955; Grossman v Wright, 268 AD2d 79, 83-84). In opposition, the plaintiff failed to raise an issue of fact as to whether she sustained such a serious injury, since she failed to submit competent medical evidence in admissible form (see, Grasso v Angerami, 79 NY2d 813; Paulino v Xiaoyu Dai, 279 AD2d 619; Young v Ryan, 265 AD2d 547). Furthermore, in the absence of such admissible objective evidence of injury, the plaintiff's self-serving affidavit was insufficient to raise a triable issue of fact (see, Paulino v Xiaoyu Dai, supra).