Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered September 25, 2008, after a jury trial, in favor of plaintiff and awarding her damages in the principal sum of $75,000. Plaintiff purports to cross-appeal from an oral order (same court and Judge), issued April 1, 2008, which denied her motion to strike certain testimony of defendant's expert witness.

Per Curiam.

Judgment (Ben R. Barbato, J.), entered September 25, 2008, reversed, with $30 costs, defendant's motion pursuant to CPLR 4401 for judgment as a matter of law granted, and complaint dismissed. The Clerk is directed to enter judgment accordingly. Appeal from oral order (same court and Judge), issued April 1, 2008, dismissed, without costs, as nonappealable.

Viewing the evidence in the light most favorable to plaintiff, there was no valid line of reasoning and permissible inferences to support the jury's finding that plaintiff sustained a "serious injury" under the 90/180-day category of Insurance Law � 5102(d) (see Hamilton v Rouse, 46 AD3d 514 [2007]). Following the subject motor vehicle accident, plaintiff experienced only minor restrictions in certain activities and was able to return to work one month after the accident, albeit in a different capacity. Therefore, plaintiff failed to establish that she was unable to perform "substantially all" of her usual and customary daily activities during the relevant time period (see Gibbs v Hee Hong, 63 AD3d 559 [2009]; Taylor v American Radio Dispatcher, Inc., 63 AD3d 407 [2009]; Colon v Tavares, 60 AD3d 419 [2009]).

Plaintiff's unpreserved arguments regarding the testimony of defendant's medical expert are without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 21, 2010