Opinion
2004-381 Q C.
Decided November 30, 2004.
Appeal by defendant from an order of the Civil Court, Queens County (J. Golia, J.), entered October 28, 2003, which denied his motion for summary judgment.
Order unanimously reversed without costs and defendant's motion for summary judgment granted.
PRESENT: ARONIN, J.P., PATTERSON and RIOS, JJ.
The affirmed medical report submitted by defendant in support of his motion made out a prima facie case that plaintiff did not sustain a serious injury pursuant to Insurance Law § 5102 (d). It stated that plaintiff's injuries were resolved. This shifted the burden to plaintiff to raise a triable issue of fact ( see Gaddy v. Eyler, 79 NY2d 955).
Plaintiff unsuccessfully opposed the motion. She failed to submit medical proof contemporaneous with the accident showing any initial limitation of motion of her cervical and lumbar spines.