Defendants Yudelca Rodriguez, David Vazquez and Wells Fargo Financial, Inc. appeal from an order of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered May 31, 2006, which denied their cross motions for summary judgment dismissing the complaint.

PER CURIAM:

Order (Ben R. Barbato, J.), entered May 31, 2006, affirmed, without costs.
Plaintiff's medical evidence was sufficient to raise an issue of fact as to whether she sustained serious injury within the meaning of Insurance Law § 5102(d). The affirmation of plaintiff's treating physician, based upon his own examinations of plaintiff and objective medical evidence (see Toure v. Avis Rent A Car, 98 NY2d 345 [2002]), includes findings that plaintiff's spinal limitations are significant and permanent, and related to the accident (see Sepulveda v. Reyes, 19 AD3d 297 [2005]; Brooks v. Zises, 16 AD3d 221 [2005]).

We note that the evidence does not disclose the existence of a triable issue as to whether plaintiff, by reason of injuries sustained in the alleged accident, was prevented from performing substantially all of the material acts constituting her usual and customary activities for 90 of the first 180 days following the accident.

This constitutes the decision and order of the court. [*2]
Decision Date: February 08, 2007