Opinion
2001-06932
Submitted March 14, 2002.
April 22, 2002.
In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered June 29, 2001, which, upon the granting of the defendants' motion to preclude the plaintiffs' only medical expert from testifying, dismissed the complaint.
Steven D. Dollinger, Melville, N.Y. (Susan R. Nudelman of counsel), for appellants.
Robert P. Tusa, Hauppauge, N.Y. (Marcia M. Brin of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed, with costs.
The Supreme Court providently exercised its discretion in precluding the plaintiffs' only expert medical witness from testifying since, under the circumstances of this case, such testimony would have been of no probative value (see Matott v. Ward, 48 N.Y.2d 455; see also Greco v. Jackson, 287 A.D.2d 539, 540; Diaz v. Wiggins, 271 A.D.2d 639, 640). The court also properly dismissed the complaint since the plaintiffs could not establish a prima facie case of serious injury (see Insurance Law § 5102[d]; Baptiste v. Feliciano, 275 A.D.2d 385).
The plaintiffs' remaining contentions are without merit.
SANTUCCI, J.P., ALTMAN, TOWNES and CRANE, JJ., concur.