Appeal by plaintiff from an order of the Civil Court, Kings County (A. Schack, J.), dated August 28, 2002, which granted defendants Price's and Gardner's motions for summary judgment.

Order unanimously reversed without costs and defendants' motions for summary judgment denied.

Defendants Price and Gardner moved separately for summary judgment on the ground that plaintiff failed to satisfy the threshold requirement of suffering a serious injury under Insurance Law § 5102 (d). One of defendant Price's doctors stated that "Examination of the cervical spine reveals decreased rotation bilaterally of 30 degrees" and that the injuries appear to be causally related to the accident. This designation of a numeric percentage of plaintiffs loss of motion of her cervical spine can be used to substantiate a claim of serious injury (Toure v Avis Rent a Car Sys., 98 NY2d 345, 350 [2002]). Consequently, the defendants failed to make out a prima facie case for judgment as a matter of law (Julemis v Gates, 281 AD2d 396 [2001]). Under the circumstances, it is unnecessary to consider whether the plaintiffs papers in opposition were sufficient to raise a triable issue of fact (Chaplin v Taylor, 273 AD2d 188 [2000]). [*2]
Decision Date: December 19, 2003