Opinion
December 16, 1998
Appeal from the Supreme Court, Westchester County (Bellantoni, J.).
Ordered that the order is affirmed, with costs.
The defendants established a prima facie case that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Gaddy v. Eyler, 79 N.Y.2d 955), and the Supreme Court correctly determined that the plaintiffs' evidence failed to raise a triable question of fact on the issue. The plaintiffs submitted, inter alia, an affirmation by Dr. Gerald L. Gaughan, a physician who examined the injured plaintiff, in which he stated that the injured plaintiff suffered from specifically quantified restrictions of movement of her lumbosacral spine. However, Dr. Gaughan failed to indicate any objective medical tests which he performed to determine these specifically quantified measurements ( see, Merisca v. Afford, 243 A.D.2d 613; Lincoln v. Johnson, 225 A.D.2d 593; Giannakis v. Paschilidou, 212 A.D.2d 502; Antoniou v. Duff, 204 A.D.2d 670). The remainder of the plaintiffs' evidence in opposition to the defendants' motion was not considered, as it was not submitted in admissible form ( see, Grasso v. Angerami, 79 N.Y.2d 813; Mobley v. Riportella, 241 A.D.2d 443, 444).
Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.