Opinion
2002-06209
Submitted January 8, 2003.
February 13, 2003.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Rosenberg, J.), dated June 4, 2002, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Murray Lemonik, Jericho, N.Y. (Kathleen M. Geiger of counsel), for appellants.
Seidemann Mermelstein, Brooklyn, N.Y. (Laurie E. Mermelstein of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Gaddy v. Eyler, 79 N.Y.2d 955). However, the plaintiff's admissible medical evidence, showing that he suffers from disc bulges and a herniation in the cervical spine, together with evidence of a causally-related degree of limitation in the range of motion of his cervical spine and its duration, were sufficient to raise a triable issue of fact (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345).
ALTMAN, J.P., SMITH, LUCIANO, ADAMS and COZIER, JJ., concur.