McNair v. Lee

*160Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered January 21, 2005, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants failed to satisfy their initial burden of making a prima facie showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Pommells v Perez, 4 NY3d 566, 574 [2005]). While defendants’ physician diagnosed cervical and lumbosacral strain causally related to the accident, he did not indicate whether these conditions had resolved or could be…