KHODADADIAN v. WOLFF

Ordered that the order is affirmed, with costs.

The physician's affirmation and medical report submitted by the defendant in support of his motion for summary judgment demonstrated that the plaintiff sustained a limitation in the range of motion in his cervical, dorsal, and lumbosacral spine which, under certain circumstances, may constitute a serious injury ( see, Bates v. Peeples, 171 A.D.2d 635). Nevertheless, the plaintiff failed to demonstrate that the 1991 accident was a proximate cause of the claimed spinal injuries ( see, Cacaccio v Martin, 235 A.D.2d 384; Waaland v. Weiss, 228 A.D.2d 435; Beckett v Conte, 176 A.D.2d 774).

Miller, J.P., Thompson, Joy and Luciano, JJ., concur.