Opinion
October 20, 1986
Appeal from the Supreme Court, Queens County (Durante, J.).
Ordered that the order is affirmed, with costs.
The defendant moved for summary judgment on the ground that the plaintiff had not sustained a serious injury within the meaning of Insurance Law former § 671 (4) (now § 5102 [d]). The plaintiff's papers submitted in opposition to the motion, including an affidavit of his treating physician, indicating a limitation of his back movement to 70% of normal, were sufficient to raise a triable issue of fact and defeat the motion (see, Lopez v Senatore, 65 N.Y.2d 1017). Mangano, J.P., Thompson, Brown and Rubin, JJ., concur.