Ordered that the order is reversed, on the law, with costs, the motion to vacate is granted, the motion for summary judgment is denied, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.
Contrary to the conclusions of the Supreme Court, we find that the plaintiff sufficiently demonstrated that his failure to oppose the respondent's prior motion for summary judgment was inadvertent and excusable. We further find that the medical exhibits submitted by the plaintiff do raise a triable issue of fact as to whether he sustained "serious injury" within the meaning of Insurance Law § 5102 (d) (see, Ottavio v. Moore, 141 A.D.2d 806; Bassett v. Romano, 126 A.D.2d 693; DeFreese v. Ryan Sanitation Corp., 125 A.D.2d 289; Mooney v. Ovitt, 100 A.D.2d 702). Accordingly, the order which granted the defendant Brem's motion for summary judgment is vacated and the matter is remitted to the Supreme Court, Nassau County, for further proceedings. Brown, J.P., Eiber, Kooper and Balletta, JJ., concur.