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GERMANIA BOBBIO plfap, v. AMBOY BUS CO. INC. def-res

2074. GERMANIA BOBBIO plfap, v. AMBOY BUS CO. INC. def-res — Mitchell Dranow, Sea Cliff, for ap — Silverman Shin & Byrne, PLLC, New York (Michael Byrne of counsel), for res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered August 28, 2015, which granted defendants' motion for summary judgment dismissing the complaint on the threshold issue of serious injury within the meaning of Insurance Law §5102(d), unanimously affirmed, without costs.

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2074. GERMANIA BOBBIO plfap, v. AMBOY BUS CO. INC. def-res — Mitchell Dranow, Sea Cliff, for ap — Silverman Shin & Byrne, PLLC, New York (Michael Byrne of counsel), for res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered August 28, 2015, which granted defendants’ motion for summary judgment dismissing the complaint on the threshold issue of serious injury within the meaning of Insurance Law §5102(d), unanimously affirmed, without costs.

Defendants made a prima facie showing that plaintiff Germania Bobbio did not sustain a serious injury to her cervical spine as a result of the motor vehicle accident by submitting the affirmed reports of their neurologist, who found no objective neurological disability or permanency and full range of motion (see Birch v. 31 N. Blvd., Inc., 139 AD3d 580 [1st Dept 2016]; Mayo v. Kim, 135 AD3d 624 [1st Dept 2016]). Their orthopedist’s finding of minor limitations in range of motion does not defeat this showing (see Stephanie N. v. Davis, 126 AD3d 502, 502 [1st Dept 2015]). Defendants also relied on plaintiff’s deposition testimony that she had been found to be disabled as a result of a neck condition more than six years before the subject accident, thereby shifting the burden to plaintiff to demonstrate a causal connection between the accident and her claimed cervical injury (see Brewster v. FTM Servo, Corp., 44 AD3d 351 [1st Dept 2007]).

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