Plaintiff Guerrier appeals from an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered March 26, 2008, which denied his motion for summary judgment dismissing defendant's counterclaim for contribution. Defendant cross-appeals from so much of the same order as denied her motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Fernando Tapia, J.) entered March 26, 2008, modified to grant defendant's motion to the extent of dismissing the complaint of plaintiff Hall in its entirety and dismissing the complaint of plaintiff Guerrier insofar as it alleges a "90-180 day" injury (Insurance Law §5102[d]), and to grant plaintiff's motion for summary judgment dismissal of defendant's counterclaim; as modified, affirmed, without costs.

Plaintiff Hall failed to submit medical evidence in admissible form adequately addressing evidence in the record that her disc injuries were "clinically insignificant," degenerative and preexisting, and thus the conclusion of Hall's treating doctor that her limitations were caused by the motor vehicle accident are speculative and inadequate to defeat summary judgment (see Johnson v Paulino, 49 AD3d 379 [2008]; Diaz v Anasco, 38 AD3d 295 [2007]). By contrast, plaintiff Guerrier submitted the affirmed report of his treating doctor, along with other admissible evidence, showing persistent, objectively quantified limitations that the doctor opined were significant, permanent and causally related to the accident (see Britt v Goodspeed Transport, 41 AD3d 179 [2007]).

We note that the record does not disclose the existence of a triable issue as to whether plaintiff Guerrier sustained a non-permanent injury that prevented him from performing substantially all material daily activities for at least 90 of the first 180 days following the accident (see Ronda v Friendly Baptist Church, 52 AD3d 440 [2008]; Onishi v N & B Taxi, Inc., 51 AD3d [*2]594 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: September 24, 2008