Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Julia I. Rodriguez, J.), entered May 4, 2007, which denied her motion for summary judgment dismissing the complaint.

Per Curiam:
Order (Julia I. Rodriguez, J.), entered May 4, 2007, affirmed, with $10 costs.

Plaintiff's submissions in opposition to defendant's motion for summary judgment were sufficient to raise a triable issue as to whether plaintiff sustained a serious injury involving a significant limitation in his use of a body function or system or a permanent consequential limitation of use of a body organ or member (see Insurance Law §5102[d]). Plaintiff's treating physician, based upon his examinations and objective medical testing, opined that plaintiff's quantified range of motion restrictions in his lumbar and cervical spine were significant, permanent and causally related to the vehicular accident (see Britt v Goodspeed Tr., 41 AD3d 179 [2007]; Garner v Tong, 27 AD3d 401 [2006]). There is a sufficient explanation in the record for the "gap" in treatment.

We note that the record 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 his usual and customary activities for 90 of the first 180 days following the accident. THIS CONSTITUTES THE DECISION AND ORDER OF THE
COURT.
Decision Date: February 20, 2008