BOCCI v. TURKOWITZ

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In support of their motion for summary judgment, the defendants submitted evidence in admissible form that the plaintiff's claimed injury of a disc bulge, which may constitute a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Flanagan v. Hoeg, 212 A.D.2d 756), was not caused by the subject motor vehicle accident. After the defendants' showing, it was incumbent on the plaintiff to raise an issue of fact. The plaintiff's submissions failed to demonstrate that the subject motor vehicle accident was a proximate cause of the claimed disc injury. The defendants were therefore entitled to summary judgment dismissing the complaint ( see, Cacaccio v. Martin, 235 A.D.2d 384; Waaland v. Weiss, 228 A.D.2d 435).

Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.