Appeal by defendants, as limited by their brief, from an order of the Civil Court, Kings County (S. Hinds-Radix, J.), entered May 23, 2003, which denied their motion for summary judgment dismissing the personal injury causes of action set forth in the complaint on behalf of plaintiffs Samir Elabtah, Hanan Elabtah and Rabab Elabtah.

Order, insofar as appealed from, unanimously reversed without costs and defendants' motion for summary judgment dismissing the personal injury causes of action of plaintiffs Samir Elabtah, Hanan Elabtah and Rabab Elabtah granted.

Plaintiffs were injured in an automobile accident on September 2, 1996. The affirmed medical reports submitted by defendants' medical experts in support of defendants' motion for [*2]summary judgment made out a prima facie case that plaintiffs Samir Elabtah, Hanan Elabtah and Rabab Elabtah did not sustain serious injuries pursuant to Insurance Law § 5102 (d). This shifted the burden to these plaintiffs to raise a triable issue of fact (see Gaddy v Eyler, 79 NY2d 955 [1992]).

The plaintiffs' opposition failed to raise a triable issue of fact. They failed to submit medical proof in admissible form that was contemporaneous with the accident showing any initial range of motion restrictions in their cervical and lumbar spines
(Nemchyonok v Peng Liu Ying, 2 AD3d 421 [2003]). Moreover, the plaintiffs failed to establish anything more than mild disabilities (Ireland v Clarkstown Cent. School Dist., 210 AD2d 637 [1994]).

We note that the disposition herein leaves unaffected plaintiff Sherif Abdalla's cause of action for personal injury and plaintiff Samir Elabtah's cause of action for property damage to his 1988 Ford.

We also observe that the title for this action appears to be incorrect for stating that plaintiff Rabab Elabtah, an infant, is acting "on behalf of" her mother and natural guardian, but we leave such error to be corrected on motion in the court below.
Decision Date: June 30, 2004