Joseph v. Forman

*744OPINION OF THE COURT

John M. Galasso, J.

Defendants’ motion for an order pursuant to CPLR 3212 granting summary judgment in their favor and dismissing the summons and complaint of plaintiff upon the grounds that, as a matter of law, plaintiff has not suffered a serious injury as defined by Insurance Law § 5102 (d) is granted.

This case involves a motor vehicle accident that occurred on August 12, 2005, resulting in plaintiffs claim of serious injury as defined under Insurance Law § 5102 (d).

Movants have sustained their initial burden of submitting evidentiary proof in admissible form to warrant…