Opinion
March 8, 1999
Appeal from the Supreme Court, Queens County (Milano, J.).
Ordered that the order and judgment is affirmed, with costs.
On his motion for summary judgment, the defendant established a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), in the subject automobile collision ( see, Gaddy v. Eyler, 79 N.Y.2d 955). In opposition to the defendant's motion, the plaintiff submitted, inter alia, numerous reports which were not in admissible form ( see, Grasso v. Angerami, 79 N.Y.2d 813, 814; Craft v. Brantuk, 195 A.D.2d 438; Gleason v. Huber, 188 A.D.2d 581), and an affirmation of Dr. Philip Taylor, which failed to state what, if any, objective tests were performed to determine the range of motion of the plaintiff's cervical spine ( see, Lincoln v. Johnson, 225 A.D.2d 593; Giannakis v. Paschilidou, 212 A.D.2d 502; Antoniou v. Duff, 204 A.D.2d 670). The plaintiff's affidavit merely contained subjective complaints of pain. The opposition was therefore insufficient to raise a triable question of fact on the issue ( see, Scheer v. Koubek, 70 N.Y.2d 678; Iglesias v. Inland Freightways, 209 A.D.2d 479).
Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.