Appeal by defendant from an order of the Civil Court, Kings County (L. Jacobson, J.), dated October 15, 2002, which denied his motion for summary judgment.

Order unanimously affirmed without costs.

The medical evidence submitted by defendant in support of his motion made out a prima facie case that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Affirmations submitted by physicians on defendant's behalf included, inter alia, the finding that plaintiff's examinations were within normal limits.

The burden, therefore, shifted to plaintiff to raise a triable issue of fact that he sustained a serious injury (Gaddy v Eyler, 79 NY2d 955 [19921).

Plaintiff successfully opposed the motion. The affirmation of plaintiff's doctor described the extent or degree of physical limitation by designating numeric percentages of plaintiff's loss of range of motion of his cervical and lumbar spines that he suffered as a result of the accident (see Toure v Avis Rent a Car Sys., 98 NY2d 345, 350 [2002]).
Decision Date: March 04, 2004