Any other requested relief not expressly addressed herein has nonetheless been considered by this Court and is here by denied.

I am associated with BAKER, McEVOY & MOSKOVITS, P.C., attorneys for defendants DANIEL SOUVENIR and BIL-EZ SERVICE CORP., and as such am fully familiar with the facts and circumstances of this action as set forth based upon the contents of the file maintained in this office.

There is absolutely no evidence Dr. Yom nor Dr. Wert examined plaintiff’s ALBERT KIM and KEYNNGTEA KO recently and as such his opinions as to causation does not have a rational basis as it is not based on any findings contemporaneous with the accident.

The last time plaintiffs ALBERT KIM and KEYNNGTEA KO’s were last examined by Dr. Wert, was in August 2019, approximately one year ago to date, prior to this matter coming before the court thereby rendering said affirmations insufficient to defeat summary judgment.

In Griffiths v. Munoz, 98 A.D.3d 997 (2d Dep’t 2013) the Appellate Division held “In opposition, the injured plaintiff failed to raise a triable issue of fact as to whether the alleged injuries to the cervical and lumbar regions of his spine constituted a serious injury under the permanent consequential limitation of use category of Insurance Law § 5102 (d) as he did not offer any objective medical findings from a recent examination of those regions of his spine.” Just as in this case, plaintiff fails to offer any recent examination rendering her opposition insufficient to create any issue of fact.

In Ceglian, the Appellate Division stated in order for a bulging or herniated disc to constitute a serious injury, plaintiff must offer objective proof of the extent or degree of the alleged physical limitations resulting therefrom, and also establish that the subject accident was the cause of these conditions.

... Pulses: None Non-contributory Unremarkable Stable Intact Cervicpl Spine: 1,umbal Spine: Shoulder Knee NEUROLOGICAL ( crehial · Cerebella: rgnpd vnsory: ner vy ...

... knee was of and an MRI as positive and discomfort, as well the right for orthopedic evaluation of A HISTORY) PAS.T MEDICAL Medications: Surgery: Prior MVA's: Allergies: Tobacco: Medical Conditions: Naprosyn. Denies. Denies. None. ...

HISTORY: PAST MEDICAL ALLERG1ES: FAMILY SOCIAL PHYSICAL HISTORY: HISTORY: EXAMINATIO.N: Unremarkable None Non-contributory Unrernarkable . . Dr. Yom Chiropractic 153-01 Northern Blyd t/2G Tel:(718)888-1641, ...

Date Notice of Appeal Filed For Appeuate Division O CPLR article 78 Proceeding O Civil Action O Special Proceeding Other O CPLR article 75 Arbitraties O Action Commenced under CPLR 214-g O Habeas Corpus Proceeding M Appeal O Original Proceedings O CPLR Article 78 O Eminent Domain O Labor Law 220 or 220-b O Public Officers Law § 36 O Real Property Tax Law § 1278 Transferred Proceeding O CPLR Article 78 Executive Law § 298 O CPLR 5704 Review Review Judgincñt O Administrative O Declaratory O Family Court O Real (other Property than foreclosure) O Business O Domestic O Mortgage O Statutory Relationships Relations Foreclosure O Commercial O Election Law O Miscellaneous O Taxation O Contracts O Estate Matters O Prisoner Discipline M Torts & Parole |ñfc .2Sonal Stateinsat - Civil PaperAppealed From (Check one only): Decree Judgement Order O Amended O Amended O Amended E Decision O Decree O Determination O Finding O intericcütary O Interlocutory O Judgment Decree judgrñêñt or has been taken one order than from more please of this notice by the filing of appeal, the below for each such order or information appealed from on a separate sheet of paper.

O Final O Post-Final (name in full): E interl0cutory County: Queens January 24, 2022 Entered: Index No.: 712490/2021 O Yes H No Trial: If Yes: O Jury O Non-Jury Are any appeals set If Yes, please arising forth in the same the Appellate action Division or praceeding Case Number currently assigned in the court?

and Keyññgtea !nformational Staternent - Civil 19, 2022 and entered the matter and restore from the whole thereof of in the Office of Plaiñtiff Albert as Albert Rim of in the names or the attorneys Fill Instructions: or order to show cause of petition by which notice of the attorney for the petitioner the name only Se" the box marked "Pro must be checked himself, in the spaces provided.

or order may a judgment interested of any on motion of: the ground is made within with written notice has entered after one year of its entry the judgment of service upon the or order, relieve person a party with A party under CPLR 5015(a)(1) a reasonable both to provide needs seeking on whether it default the for evidence the defendant, or is the plaintiff and, suggesting depending of action of whether determination it has a potentially meritorious cause or defense.

Bank Accordingly, addressed expressly plaintiffs' herein motion has noñcthclcss is denied been in its considered requested other entirety.

Accordingly, addressed expressly plaintiffs' herein motion has nonetheless is denied been its in considered other entirety.

Lisa Giuliante, being duly sworn, says: I am not of age.

18 years a party to the action; I reside at Nassau County, State of New York, and I am over On June 30, enclosed the United address thereof, copy and custody last at the I served 2021, in a post-paid Postal States set forth below: the within wrapper, Service

in an official depository New York within State,

under addressed by depositing the exclusive to the following a true care of known

Notary Public, State of New York No. 01GE4859478 Qualified in Suffolk County My Commission Expires on May 19, 20_ Giu an FILED: OUEENS COUNTY CLERK 06m2021 10:58 ‘