In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), entered February 14, 2006, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.
Contrary to the Supreme Court’s determination, the defendants failed to establish, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In support of the defendants’ motion, the defendants relied upon, inter alia, the affirmed medical report
Moreover, the defendants also relied on the affirmed medical report of another orthopedic surgeon, who examined the plaintiff on May 16, 2003. In his report, concerning the plaintiffs cervical spine range of motion, he merely noted that the plaintiff was able to move his neck “in all directions without any deficits.” However, he failed to set forth the objective testing that he performed in order to arrive at this conclusion (see Schacker v County of Orange, 33 AD3d 903, 904 [2006]; Ilardo v New York City Tr. Auth., 28 AD3d 610, 611 [2006]; Kelly v
Since the defendants failed to establish their prima facie entitlement to judgment as a matter of law, it is unnecessary to consider whether the plaintiffs papers submitted in opposition raised a triable issue of fact (see Harman v Busch, supra; Coscia v 938 Trading Corp., 283 AD2d 538 [2001]). Mastro, J.E, Ritter, Skelos, Garni and McCarthy, JJ., concur.
