Opinion
Submitted June 16, 1999
October 4, 1999
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Franco, J).
ORDERED that the order is reversed, on the law, with costs, and the motion is denied.
The evidence submitted by the defendant demonstrated, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Uhl v. Sofia, 245 A.D.2d 988). Thus, it was incumbent on the plaintiff to come forward with admissible evidence to create an issue of fact ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). Upon our review of the record, we find that the plaintiff's medical evidence was sufficient to raise a triable issue of fact ( see, Pagano v. Kingsbury, 182 A.D.2d 268, 271). Thus, the Supreme Court improperly granted the defendant's motion for summary judgment ( see generally, Licari v. Elliot, 57 N.Y.2d 230).
BRACKEN, J.P., THOMPSON, GOLDSTEIN, McGINITY, and SCHMIDT, JJ., concur.