Grayer v. Jerez

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated March 7, 1991, which denied their motion for summary judgment dismissing the complaint.

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

Contrary to the conclusions of the Supreme Court, we find that the plaintiff has failed to meet her burden of establishing a prima facie case of serious injury as defined in Insurance Law § 5102 (d) (see, Oswald v Ospina, 187 AD2d 570; Zaffuto v…