Defendant Vinnette A. Powell appeals from an order of the Civil Court of the City of New York, Bronx County, entered February 26, 2003 (Arthur F. Engoron, J.) which denied her motion for summary judgment dismissing the complaint.

PER CURIAM:

Order entered February 26, 2003 (Arthur F. Engoron, J.) affirmed, with $10 costs.

The drastic remedy of summary judgment is unwarranted in this negligence action arising out of a two- car intersection collision. The record so far developed raises issues of fact [*2]concerning the events surrounding the accident, including whether defendant Powell used reasonable care in entering the intersection and kept a proper lookout (see Hernandez v Bestway Beer & Soda Distrib., 301 AD2d 381 [2003]; cf. Jenkins v Alexander, 9 AD3d 286 [2004]), particularly considering the presence of a construction "barricade" that partially blocked her view of the roadway.

The affirmation of plaintiff's treating doctor, which set forth specific range of motion findings with respect to plaintiff's back and neck based on tests conducted within three weeks of the automobile accident and opined that plaintiff sustained permanent injuries as a result of the accident, was sufficient to raise a factual issue as to whether she sustained a serious injury as defined in Insurance Law § 5102(d) (see Toure v Avis Rent A Car Systems, 98 NY2d 345 [2002]; Woods v Tomayo, 5 AD3d 309 [2004]; Benson v Lighting Gas Co., 305 AD2d 234 [2003]).

This constitutes the decision and order of the court.
Decision Date: February 03, 2005