Appeal by defendant from an order of the District Court, Nassau County (S. Jaeger, J.), entered June 17, 2004, which denied her motion for summary judgment.

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

Defendant moved for summary judgment dismissing the complaint on the ground that plaintiff failed to satisfy the threshold requirement of suffering a serious injury under Insurance Law § 5102 (d). The affirmed medical report submitted by defendant stated that plaintiff has no significant disability. It noted that her lumbar radiculitis is an
exacerbation of a preexisting condition, which is susceptible to aggravation. The report also stated that there is no need for further orthopedic treatment or physical therapy. Defendant's moving papers thus made a prima facie showing of entitlement to summary judgment and shifted the burden to plaintiff to raise a triable issue of fact (see Gaddy v Eyler, 79 NY2d 955 [1992]).

The plaintiff unsuccessfully opposed the motion. The plaintiff's doctor neither designated a numeric percentage of plaintiff's loss of range of motion of her lumbosacral spine nor provided a qualitative assessment of her condition by comparing her limitations to the normal function, purpose and use of her lumbar spine (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350 [2002]). Accordingly, defendant's motion for summary judgment should have been granted.
Decision Date: June 28, 2005