Brehaut v. Laveck

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendants’ motion for summary judgment dismissing the complaint. Defendants submitted evidence in admissible form establishing as a matter of law that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 NY2d 955, 956-957; Muratore v Tierney, 229 AD2d 1018). “The burden then shifted to plaintiff to come forward with sufficient evidence to overcome defendant [s’] motion by demonstrating that she sustained a serious injury within the meaning of the…