Defendant Bollinger appeals from an order of the Civil Court, Bronx County (Fernando Tapia, J.), entered March 1, 2006, which denied his motion for summary judgment.

PER CURIAM:

Order (Fernando Tapia, J.), entered March 1, 2006, affirmed, with $10 costs.

Summary judgment dismissal of the complaint was properly denied since plaintiff's submissions sufficed to raise an issue of fact as to whether he sustained serious injury within the meaning of Insurance Law §5102(d). The evaluation by plaintiff's physician was based upon his examination of plaintiff and objective evidence, including MRI and EMG results indicating herniated and bulging discs, and cervical and lumbar radiculopathy. The doctor reported positive test results and restriction of motion shortly after the December 2002 accident, which persisted at reexamination in 2006, and opined that the injuries were permanent and caused by the subject accident (see Sepulveda v. Reyes, 19 AD3d 297 [2005]; Brooks v. Zises, 16 AD3d 221 [2005]; Rosario v. Universal Truck & Trailer Service, Inc., 7 AD3d 306 [2004]). Plaintiff's doctor adequately explained the decision to stop physical therapy after approximately 30 sessions (see Pommells v. Perez, 4 NY3d 566, 574 [2005]; Garner v. Tong, 27 AD3d 401 [2006]).
This constitutes the decision and order of the court.
Decision Date: November 22, 2006