A defendant may also meet their summary judgment burden with sufficient medical evidence demonstrating that the plaintiff‘s injuries are not causally related to the accident (see Farrington v Go On Time Car Serv., 76 A.D.3d 818 [lst Dept 2010], citing Pommells v. Perez, 4 N.Y.3d 566, 572 [2005]).
Once this initial threshold is met, the burden shifts to the plaintiff to raise a material issue of fact using objective, admissible medical proof (see Toure v. Avis RentA Car Sys., 98 N.Y.2d 345, 350 [2002]).
Finally, Defendants submitted the sworn IME report of orthopedic Dr. Shanker Krishnamurthy, in which he identified and described the objective medical tests employed in measuring Plaintiffs ranges of motion.
Dr. Krishnamurthy's report found that Plaintiff had normal ranges of motion in her cervical and lumbar spine upon a physical examination and negative clinical results (Ahmed v Cannon, 129 A.D.3d 645, 646 [1st Dept 2015]).
The Court notes that Plaintiff was not required to present proof of contemporaneous range of motion findings as a prerequisite to establishing a serious injury (Windham v New York City Tr. Auth, 115 A.D.3d 597, 598 [1st Dept 2014]).