Opinion
2003-1714 Q C.
Decided July 21, 2004.
Appeal by defendants from an order of the Civil Court, Queens County (C. Markey, J.), entered on September 22, 2003, which denied their motion for summary judgment.
Order unanimously affirmed without costs.
PRESENT: ARONIN, J.P., GOLIA and RIOS, JJ.
Plaintiff was injured in an automobile accident on January 24, 1994. Defendants moved for summary judgment dismissing the complaint on the ground that plaintiff failed to satisfy the threshold requirement of suffering a serious injury under Insurance Law § 5102 (d). Defendants submitted an affirmation from a physician who found that plaintiff had a resolved lumbosacral sprain. This shifted the burden to plaintiff to raise a triable issue of fact ( see Gaddy v. Eyler, 79 NY2d 955).
Plaintiff successfully opposed the motion. He submitted an affirmation by a doctor who described plaintiff's numeric limitation of lumbar range of motion ( see Toure v. Avis Rent A Car Sys., 98 NY2d 345, 350, 353). The physician further indicated that the injuries were causally related to the subject accident. Accordingly, defendants' motion was properly denied.