Opinion
2003-08021.
Decided March 29, 2004.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated June 3, 2003, which denied his 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).
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.
Patrick F. Adams, P.C., Bay Shore, N.Y. (Jeffrey T. Hellerman and Charles J. Adams of counsel), for appellant.
John L. Juliano, P.C., East Northport, N.Y., for respondent.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
In support of his motion, the defendant submitted affirmations of an orthopedist and a neurologist, both of whom examined the plaintiff and reviewed magnetic imaging resonance reports which revealed that the plaintiff had disc herniations at L4-L5 and L5-S1 and a tear of the posterior horn of the medial meniscus of the left knee. In addition, according to the affirmation of the defendant's examining orthopedist, tests he performed indicated that the plaintiff had limitations of range of motion.
The defendant failed to establish his prima facie entitlement to summary judgment. The evidence submitted in support of the motion failed to demonstrate that the plaintiff's injuries were not casually related to the accident, or that they were not serious, within the meaning of Insurance Law § 5102(d) ( see Jones v. Jacob, 1 A.D.3d 485, 486; Shin v. Torres, 295 A.D.2d 495, 496). Thus, the defendant's motion for summary judgment was properly denied based on the insufficiency of the moving papers, and we need not consider the sufficiency of the plaintiff's papers in opposition to the motion ( see Franca v. Parisi, 298 A.D.2d 554).
Santucci, J.P., Smith, Luciano and Adams, JJ., concur.