Opinion
2002-1687 K C.
Decided October 2, 2003.
Appeal by defendants Franky Piskopanis and John Piskopanis from so much of an order of the Civil Court, Kings County (L. Jacobson, J.), dated October 10, 2002, as denied their motion for summary judgment against Haik Amroyan.
Order insofar as appealed from unanimously affirmed without costs.
PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.
Defendants Arthur Shahurnyan and Hayk Hayrapetyan moved for an order granting summary judgment dismissing the complaint of plaintiff Haik Amroyan on the ground that said plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5012 (d). Defendants Franky Piskopanis and John Piskopanis cross-moved for the same relief.
The medical evidence submitted by the defendants in support of their motions made out a prima fade case that plaintiff Amroyan did not sustain a serious injury. One of the defendants' medical experts stated in his affirmation that an examination of plaintiff Amroyan failed to reveal any objective findings of disability. Another of defendants' experts stated that he observed no evidence of a disc bulge in one of the MRIs. The burden, therefore, shifted to said plaintiff to raise a triable issue of fact that he sustained a serious injury ( Gaddy v. Eyler, 79 NY2d 955).
Plaintiff Amroyan's opposition papers raised a triable issue of fact warranting the denial of the motions. He submitted an affirmation from a doctor which described his numeric limitation of cervical and lumbar range of motion and the tests performed ( Toure v. Avis Rent A Car Sys., 98 NY2d 345, 350). In addition, he submitted affirmed medical reports indicating that he sustained disc bulges at L3-L4, C3-C4, C4-C5 and C5-C6 as a result of this accident.