Opinion
June 15, 2000.
Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about September 2, 1999, which, inter alia, denied defendant' s motion for summary judgment dismissing the complaint on the ground that plaintiff had not sustained serious injury within the meaning of Insurance Law § 5102(d), unanimously affirmed, without costs.
Heath Todd Buzin, for plaintiff-respondent.
Before: Rosenberger, J.P., Tom, Mazzarelli, Andrias, Saxe, JJ.
Defendant's motion was properly denied since there was competent objective medical evidence sufficient to raise issues of fact as to whether plaintiff suffered significant or permanent injury to her lumbrosacral spine and whether she was unable to perform substantially all of her daily activities for at least 90 out of the 180 days following the accident (see, Insurance Law § 5102[d]; Adetunji v. U-Haul Co. of Wisconsin, 250 A.D.2d 483).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.