Opinion
October 30, 1995
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the judgment is affirmed, with costs.
The medical evidence submitted by the defendants in support of their motion for summary judgment made out a prima facie case that the plaintiff Mohamed Yamin had not sustained a serious injury as defined by Insurance Law § 5102 (d).
The affirmation prepared by Dr. Shankar Ganti which the plaintiffs submitted in opposition to the motion, failed to indicate that the injuries which Mohamed Yamin sustained were "serious", as defined by the statute. Moreover, the affirmation was prepared more than two years after Dr. Ganti last treated the injured plaintiff and did not indicate that the opinion expressed therein was based upon any recent medical examination of Mohamed Yamin (see, Beckett v. Conte, 176 A.D.2d 774; Philpotts v Petrovic, 160 A.D.2d 856; Covington v. Cinnirella, 146 A.D.2d 565). Bracken, J.P., O'Brien, Ritter, Friedmann and Goldstein, JJ., concur.