DECISION ORDER
ORDERED that the order dated November 14, 2002, is reversed, on the law, the defendants' motion is denied, and the complaint is reinstated; and it is further,
ORDERED that the appeal from the order dated February 14, 2003, is dismissed as academic; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff.
The defendants failed to establish that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). In support of their motion, the defendants submitted, among other things, reports from the plaintiff's treating physicians and an affirmation of their medical expert which indicated that he had a central disc herniation, suffered from muscle spasms, and might need future surgery given the length of time his symptoms had persisted. Thus, the Supreme Court should have denied their motion regardless of the sufficiency of the plaintiff's opposing papers ( see Dettori v. Molzon, 306 A.D.2d 308; Tillman v. Metropolitan Suburban Bus Auth., 289 A.D.2d 397).
In light of our determination, it is unnecessary to address the plaintiff's remaining contentions.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.