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WILLIAM BRAVO, plf-ap, v. JOSE MARTINEZ def-res

9721. WILLIAM BRAVO, plf-ap, v. JOSE MARTINEZ def-res — Goldstein & Handwerker LLP, New York (Steven Goldstein of counsel), for ap — Richard T. Lau & Associates, Jericho (Joseph G. Gallo of counsel), for res — Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered March 16, 2012, which granted defendants' motion for summary judgment dismissing plaintiff's complaint alleging a serious injury within the meaning of Insurance Law 5102(d), unanimously affirmed, without costs.

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9721. WILLIAM BRAVO, plf-ap, v. JOSE MARTINEZ def-res — Goldstein & Handwerker LLP, New York (Steven Goldstein of counsel), for ap — Richard T. Lau & Associates, Jericho (Joseph G. Gallo of counsel), for res — Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered March 16, 2012, which granted defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging a serious injury within the meaning of Insurance Law 5102(d), unanimously affirmed, without costs.

Defendants made a prima facie showing that plaintiff did not suffer a serious injury as a result of the subject accident with evidence that plaintiff had normal range of motion in his neck, back and right shoulder, that he had preexisting injuries to each of those parts resulting from prior motor vehicle accidents in 2000, 2001 and 2006, and that his claimed shoulder injury was degenerative in origin (see Mitrotti v. Elia, 91 AD3d 449, 449-450 [1st Dept 2012]).

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