Opinion
November 10, 1994
Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).
The medical evidence submitted by the moving defendants was contradictory and inconclusive with respect to whether or not plaintiff's injuries were "serious" as defined by Insurance Law § 5102. Accordingly, since defendants failed to make a prima facie showing of entitlement to judgment as a matter of law, the motion was properly denied regardless of the sufficiency of the opposing papers (Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853).
Concur — Rosenberger, J.P., Kupferman, Asch and Tom, JJ.