Opinion
February 20, 1996
Appeal from the Supreme Court, Suffolk County (Underwood, J.).
Ordered that the order and judgment is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the motions for summary judgment are denied, and the complaint is reinstated.
The defendants submitted proof in admissible form which established that the plaintiff had not suffered a "serious injury" within the meaning of Insurance Law § 5102 (d). The burden thus shifted to the plaintiff to demonstrate the existence of a triable issue of fact ( see, Gaddy v. Eyler, 79 N.Y.2d 955).
The plaintiff met this burden by way of objective and competent medical evidence that he suffered a significant limitation of a bodily function or system within the meaning of the statute ( see, Beckett v. Conte, 176 A.D.2d 774). O'Brien, J.P., Copertino, Santucci and Krausman, JJ., concur.