[U] Brosh V. Torres

Defendants Ari Fischbein ("Ari") and Jessica Fischbein ("Jessica") move for an Order pursuant to CPLR §3212 granting summary judgment to the defendants and dismissing the complaint of plaintiffs Moshe Brosh ("Moshe") and Florence Brosh ("Florence") and all related cross claims and counterclaims on the grounds that: (1) plaintiff cannot establish liability against the movant; and (2) plaintiff has not sustained a serious injury within the meaning of New York State Insurance Law §5102(d). In a separate motion, defendants Sunita Torres ("Sunita") and Robert Torres ("Robert") cross-move for summary judgment dismissing plaintiff's complaint on the grounds that plaintiff sustained no serious injury as defined in Section 5102(d) of the Insurance Law, and for such other and further relief as is just. Defendants Sunita and Robert adopt the factual and legal arguments and basis set forth in the papers of co-defendants Ari and Jessica.