WILLIAMS, TYSHAWN J. v. JONES, LAVALRA M.

Carni and DeJoseph, JJ.

(dissenting). We respectfully dissent because we cannot agree with the majority’s conclusion that Supreme Court erred in granting that part of defendant’s motion for summary judgment seeking to dismiss plaintiff’s claim of a serious injury under the 90/180-day category set forth in Insurance Law § 5102 (d). We would therefore affirm the order granting summary judgment dismissing the complaint.

We conclude that defendant met her initial burden on the motion of establishing as a matter of law that plaintiff did not sustain a serious injury under the 90/180-day category by…