Appeal by defendant from an order of the Civil Court, Queens County (A. Gazzara, J.), entered November 17, 2003, which denied his motion for summary judgment.

Order unanimously reversed without costs and defendant's motion for summary judgment dismissing the complaint granted.

The affirmed medical reports and affidavit from a chiropractor submitted by defendant in support of his motion for summary judgment made out a prima facie case that plaintiff did not sustain a serious injury pursuant to Insurance Law § 5102 (d). They 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 [1992]).

The plaintiff's opposition was insufficient to raise a triable issue of fact. Plaintiff's chiropractor did not designate a numeric percentage of plaintiff's loss of motion of her cervical or lumbar spine, or provide a qualitative assessment of her physical condition compared to the normal function, purpose and use of her cervical or lumbar spine (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350 [2002]).
Decision Date: December 14, 2004