Opinion
April 6, 1998
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the order is reversed insofar as appealed from, with costs, the defendant's motion for summary judgment is denied, and the complaint is reinstated.
As the proponent of a motion for summary judgment, the defendant was required to make a prima facie showing that the injured plaintiff did not sustain a serious injury as a result of the underlying accident (see, Gaddy v. Eyler, 79 N.Y.2d 955; Flanagan v. Hoeg, 212 A.D.2d 756). In support of her motion, the defendant submitted, inter alia, the affirmed medical report of the physician who examined the injured plaintiff on the defendant's behalf. Neither that report nor the other evidence submitted by the defendant established a prima facie case that the injured plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d) (see, Mendola v. Demetres, 212 A.D.2d 515; Feuerman v. Achtar, 246 A.D.2d 577; Mastromonica v. Conklin, 246 A.D.2d 581; Fouad v. Riser, 246 A.D.2d 508). Therefore, the defendant's motion for summary judgment should have been denied.
Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.