Appeal from an order of the Civil Court of the City of New York, Queens County (Diccia T. Pineda-Kirwan, J.), entered January 26, 2006. The order granted defendants' motion for summary judgment.

Order reversed without costs and defendants' motion for summary judgment denied.

The defendants moved for summary judgment on the ground that the injured plaintiff, Abercio Almonte, did not sustain a serious injury pursuant to Insurance Law § 5102 (d). One of defendants' examining physicians set forth in his affirmed medical report his findings with respect to the injured plaintiff's range of motion of his lumbar
and cervical spines as well as straight leg raising, but failed to compare those findings to what is normal (Benitez v Mileski, 31 AD3d 473 [2006]). Defendants' radiologist was not certain as to whether an annular tear at L4-L5 was degenerative in nature or caused by the motor vehicle accident. Since defendants failed to make a prima facie showing of entitlement to judgment as a matter of law, the sufficiency of the opposition papers need not be considered (Kelly v Rehfeld, 26 AD3d 469 [2006]). Accordingly, the order granting defendants' motion is reversed and the motion denied.

Pesce, P.J., Golia and Belen, JJ., concur.
Decision Date: February 27, 2007