DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, upon renewal, the motion for summary judgment is denied, the complaint is reinstated, and the order dated June 26, 2002, is vacated.
The defendants made out a prima facie case for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) ( see Gaddy v. Eyler, 79 N.Y.2d 955). Upon renewal, the plaintiff submitted his treating physician's affidavit, which compared the plaintiff's limitations in his neck and back to the normal function. These findings were supported by, inter alia, objective medical evidence of a cervical disc herniation and a lumbosacral disc bulge. The treating physician opined that the plaintiff's injuries were causally related to the subject accident, and were permanent. This evidence was sufficient to raise a triable issue of fact ( see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345; Jacobowitz v. Roventini, 302 A.D.2d 432).
RITTER, J.P., McGINITY, TOWNES and COZIER, JJ., concur.