Opinion
June 20, 1994
Appeal from the Supreme Court, Kings County (Aronin, I., J.).
Ordered that the order dated September 22, 1992, is reversed insofar as appealed from, on the law, with costs, the plaintiff's motion is denied, the order dated June 11, 1992, is reinstated, the complaint is dismissed as against the defendants, Guzman C. Luna and Carmelo G. Luna, the third-party complaint is dismissed, and the action against the remaining defendant is severed.
The plaintiff failed to establish that he had a meritorious claim (see, Alert Med. Personnel v. Rera, 203 A.D.2d 401). The sole item of competent medical evidence submitted by the plaintiff in support of his motion to vacate his default cited only subjective complaints of pain (see, Scheer v. Koubek, 70 N.Y.2d 678, 679), failed to account for the plaintiff's seven-year hiatus in seeking additional medical treatment for the claimed injuries (see, Marshall v. Albano, 182 A.D.2d 614), and further failed to present proof that the alleged knee condition resulted in an objectively quantified limitation of the plaintiff's ability to walk or bend (see, McHaffie v. Antieri, 190 A.D.2d 780). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.