Opinion
August 2, 1999.
Appeal from the Supreme Court, Nassau County (Carter, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that the plaintiff's affidavit, along with the affidavit of his chiropractor, created an issue of fact as to whether the plaintiff sustained a medically-determined injury which prevented him from performing substantially all of the material acts constituting his usual and customary daily activities during at least 90 out of the first 180 days following the accident ( see, Insurance Law § 5102 [d]; Greco v. Five Five Garage Corp., 123 A.D.2d 422).
O'Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.