Taber v. Skulicz

—Order unanimously reversed on the law without costs, motion and cross motion granted and complaint and cross claims dismissed. Memorandum: Supreme Court erred in denying the motion of defendants Kristen A. Skulicz and Daniel T. Skulicz and the cross motion of the remaining defendants for summary judgment dismissing the complaint and cross claims. Defendants met their initial burden of establishing as a matter of law that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The only proof in admissible form submitted by plaintiff in opposition is the…