Opinion
570369/05, 05-233.
Decided October 20, 2005.
Defendant appeals from an order of the Civil Court, Bronx County, entered November 15, 2004 (Irving Rosen, J.) which denied his motion for summary judgment dismissing the complaint.
Order entered November 15, 2004 (Irving Rosen, J.) affirmed, with $10 costs.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
The reports of defendant's neurological and orthopedic experts, addressed to the permanency of plaintiff's injuries, were insufficient to warrant the grant of summary judgment to defendant dismissing plaintiff's claim that her injuries required her to stay home from work or prevented her from performing her usual and customary activities for 90 of the first 180 days following the accident ( see Insurance Law § 5102[d]). Inasmuch as defendant did not sustain his burden of proof as movant, denial of the motion was required, despite any inadequacies in plaintiff's opposition papers ( see Loesburg v. Jovanovic, 264 AD2d 301; Pisasale v. Buckhorn Carriers, 249 AD2d 157).
This constitutes the decision and order of the court.