Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Mitchell Danziger, J.), dated November 19, 2008, which denied her motion for summary judgment dismissing the complaint as against plaintiff Pichardo.

Per Curiam.

Order (Mitchell Danziger, J.), dated November 19, 2008, affirmed, with $10 costs.

While defendant satisfied her initial burden of presenting a prima facie case that plaintiff Pichardo did not sustain a serious injury (see Insurance Law � 5102[d]), plaintiff's submissions in opposition provided the requisite evidence of injury, and contemporaneous and recent quantified restrictions of motion compared to normal (see Prestol v McKissock, 50 AD3d 600 [2008]), sufficient to raise an issue of fact. Additionally, plaintiff's doctor opined that plaintiff's symptoms were caused by the motor vehicle accident which, in part, aggravated preexisting degenerative joint disease. This was sufficient to raise a triable issue as to causation (see Hammett v Diaz-Frias, 49 AD3d 285 [2008]). We note, however, that the record does not disclose the existence of a triable issue as to whether plaintiff sustained a non-permanent injury that prevented him from performing substantially all of his usual and customary daily activities for at least 90 of the 180 days immediately following the accident (see Gorden v Tibulcio, 50 AD3d 460 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: August 18, 2009