Appeal by plaintiffs from an order of the Civil Court, Kings County (L. Baily-Schiffman, J.), dated February 25, 2003, which granted defendant's motion for summary judgment as to each plaintiff.

Order unanimously reversed without costs and defendant's motion for summary judgment denied.

The medical evidence submitted by defendant in support of his motion for summary judgment against both plaintiffs made out a prima facie case that each plaintiff did not sustain a serious injury pursuant to Insurance Law § 5102 (d). One of defendant's doctors submitted affirmations wherein he stated that each plaintiff's injuries were resolved. The other doctor stated that each plaintiff was normal neurologically. The burden, therefore, shifted to each plaintiff to raise a triable issue of fact that they sustained a serious injury (Gaddy v Eyler, 79 NY2d 955 [1992]).

The opposition papers submitted by each plaintiff raised a triable issue of fact. Plaintiff Sharon Regis submitted an affirmation from her physician which compared her limitation of motion of her lumbar and cervical spines as a result of the accident to the normal function. Allison Morgan submitted an affirmation from her physician which compared her limitation of motion of her lumbar spine as a result of the accident to the normal function (Toure v Avis Rent A Car Sys., 98 NY2d 345, 350 [2002]). This was sufficient to warrant the denial of the motion. [*2]
Decision Date: February 26, 2004