GABIANELLI v. GERARDI

Casey, J.Page 469

Because defendant satisfied her burden of submitting proof in admissible form that plaintiff Carol M. Gabianelli (hereinafter plaintiff) had not sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Rapp v Suriano, 162 A.D.2d 837), plaintiff bore the burden of establishing a prima facie case of serious injury (see, Zaffuto v Martorano, 161 A.D.2d 639). Plaintiff's subjective complaints of persistent lowback pain and its impact on her daily routine are insufficient to meet this burden in the absence of supporting credible medical evidence or documentation (see, Rivera v Pula, 173 A.D.2d 1000; Zaffuto v Martorano, supra; see also, Scheer v Koubek, 70 N.Y.2d 678). Plaintiff points to reports of her treating physician and a radiologist which refer to a mild or minimal disc protrusion or bulging and probable mild disc herniation, but there is no evidence that these injuries are permanent in nature or that they are causally related to the accident out of which this action arose. Summary judgment was, therefore, properly granted to defendant.

Mahoney, P.J., Weiss, Levine and Harvey, JJ., concur. Ordered that the order is affirmed, with costs.