PAGAN v. GONDOLA CAB CORP

Summary judgment was properly denied where the medical report of defendants' physician, offered to establish that plaintiff had not suffered "serious injury" under Insurance Law § 5102 (d), was unsigned and therefore not in admissible form ( DeAngelo v Fidel Corp. Servs., 171 AD2d 588). In any event, the affidavit of plaintiffs treating physician, stating that he found a 20% restriction of both the cervical and lumbosacral spine after a recent examination and testing, sufficed to show, prima facie, that the injuries were objectively measured and "`"significant"'" ( Parker v Defontaine-Stratton, 231 AD2d 412, 413).