Opinion
January 20, 1998
Appeal from the Supreme Court, Kings County (Barasch, J.).
Ordered that the cross appeal is dismissed for failure to perfect the same in accordance with the rules of this Court ( see, 22 NYCRR 670.8 [c], [e]); and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
Contrary to the defendants' contention, the Supreme Court properly denied their motion for summary judgment ( see, Mendola v. Demetres, 212 A.D.2d 515). The medical reports submitted by the defendants were inconclusive as to the issue of serious injury and did not establish the defendants' prima facie entitlement to judgment ( see, Malary v. New York City Tr. Auth., 232 A.D.2d 380).
Mangano, P.J., Copertino, Joy, Florio and Luciano, JJ., concur.