Acosta v. Vidal

Judgment, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered December 18, 2012, dismissing the complaint, and bringing up for review an order, same court and Justice, entered November 9, 2012, which granted defendants’ motions for summary judgment dismissing the complaint alleging serious injuries under Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendants met their initial burden of establishing that plaintiff did not sustain serious injuries to her left shoulder, neck and back as a result of the accident by submitting the affirmed report of an orthopedic…