RANASINGHE v. DELROSSO

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contention, the affirmed reports prepared by Dr. Toledano and Dr. Essuman, which the defendants submitted in support of their motion, were admissible (see CPLR 2106; cf. Pagano v. Kingsbury, 182 A.D.2d 268, 270). Although these affirmed reports inadequately addressed the results of the magnetic resonance imaging examinations that evidenced disc bulges, which may constitute a serious injury (see Chaplin v. Taylor, 273 A.D.2d 188), the defendants made a prima facie showing of their entitlement to judgment as a matter of law. The defendants negated the sole ground of serious injury asserted in the plaintiffs' bill of particulars, that the injuries prevented the injured plaintiff from performing substantially all of the material acts constituting her customary daily activities for at least 90 days out of the 180 days following the accident (see Insurance Law 5102[d]). In opposition, the plaintiffs failed to come forward with sufficient admissible evidence to rebut this initial showing (see Letellier v. Walker, 222 A.D.2d 658, 659). Thus, summary judgment was properly granted to the defendants (see Licari v. Elliott, 57 N.Y.2d 230).

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN, H. MILLER and CRANE, JJ., concur.