Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Lizbeth Gonzalez, J.), entered June 15, 2006, which denied his motion for summary judgment dismissing the complaint.

PER CURIAM

Order (Lizbeth Gonzalez, J.), entered June 15, 2006, affirmed, with $10 costs.

Where a defendant fails to meet his initial burden of establishing a prima facie case that the plaintiff did not sustain a serious injury, it is not necessary to consider whether the plaintiff's papers in opposition were sufficient to raise a triable issue of fact (see Offman v Singh, 27 AD3d 284, 285 [2006]). Defendant's orthopedist found that plaintiff continued to have restrictions in motion of her lower back approximately three and a half years after the vehicular accident. Although defendant's neurologist found neurological abnormalities, he was "unclear" as to whether they were caused by the accident, and recommended further testing. In light of these findings by defendant's experts, we agree that defendant failed to meet his initial burden on the threshold question of serious injury (see Servones v Toribio, 20 AD3d 330 [2005]).

This constitutes the decision and order of the court.
Decision Date: December 29, 2006