[U] Coward V. Delgado

Defendant moves pursuant to CPLR 3212 for summary judgment dismissing the complaint on the ground that plaintiff has failed to establish a prima facie case that she sustained a "serious injury" as defined in section 5102(d) of the Insurance Law. Alternatively, defendant moves pursuant to CPLR 3126 to strike the complaint on the ground that plaintiff has failed to comply with discovery demands and prior orders of this Court.