Opinion
Nos. 105065/05.
March 11, 2008.
Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered July 25, 2007, which denied defendants' motion for summary judgment dismissing the complaint for lack of a serious injury under Insurance Law § 5102 (d), unanimously affirmed, without costs.
Baker, McEvoy, Morrissey Moskovits, P.C., New York (Stacy R. Seldin of counsel), for appellants.
Fotopoulos, Rosenblatt Green, New York (Constantine D. Fotopoulos of counsel), for respondent.
Before: Mazzarelli, J.P., Saxe, Friedman and Nardelli, JJ.
The motion was properly denied on the ground that defendants' expert did not address the MRI reports showing herniated discs, which in conjunction with other evidence was indicative of serious injury ( see Wadford v Gruz, 35 AD3d 258; Nix v Yang Gao Xiang, 19 AD3d 227). Since defendants failed to meet their initial burden on the motion, there is no need to consider plaintiffs opposing papers ( see id.).