Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Francis M. Alessandro, J.), entered August 11, 2005, which denied his motion for summary judgment dismissing the complaint.

PER CURIAM:

Order (Francis M. Alessandro, J.), entered August 11, 2005, affirmed, without costs.

Plaintiff's medical evidence was sufficient to raise a triable issue as to whether he sustained serious injury involving a significant limitation in his use of a body function or system (see Insurance Law §5102[d]). The range of motion tests conducted by plaintiff's treating physician, shortly after the vehicular accident and two years later, revealed substantial cervical restrictions. Based on these tests, plaintiff's physician opined that the restrictions were significant, permanent and related to the accident (see Garner v. Tong, 27 AD3d 401 [2006]; Ferguson v. Budget Rent-A-Car, 21 AD3d 730 [2005]. There is sufficient explanation in the record for the alleged 21 month gap in treatment.
We note that the evidence does not disclose the existence of a triable issue as to whether, by reason of injuries sustained in the alleged accident, plaintiff was prevented from performing substantially all of the material acts constituting his usual and customary activities for at least 90 of the first 180 days following the accident. This constitutes the decision and order of the court.
Decision Date: February 08, 2007