Opinion
570348/07.
Decided February 26, 2008.
Defendants appeal from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered March 13, 2007, which denied their motion for summary judgment.
Order (Raul Cruz, J.), entered March 13, 2007, affirmed, with $10 costs.
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ.
Plaintiff's submissions in opposition to defendant's motion for summary judgment were sufficient to raise an issue of fact as to whether plaintiff sustained a serious injury ( see Insurance Law § 5102[d]). The 2006 findings of plaintiff's treating physician as to continuing and significant restrictions of motion were consistent with similar limitations found in the near aftermath of the 2004 vehicular accident, and adequately substantiated the existence of a serious injury casually related to the subject accident ( see Britt v Goodspeed Transit, 41 AD3d 179; Silva v Vizcarrondo, 31 AD3d 292). Plaintiff, through her affidavit and expert's affirmation, also raised a triable issue as to whether her injuries prevented her from performing nearly all normal activities for at least four months after the accident. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.