McClelland v. Estevez

*404Order, Supreme Court, Bronx County (Dominic R Massaro, J.), entered on or about October 8, 2009, which, in an action for personal injuries sustained in a motor vehicle accident, denied defendant’s motion for summary judgment dismissing the complaint, unanimously modified, on the law, the motion granted to the extent of dismissing plaintiffs claim based on the 90/180-day provision of Insurance Law § 5102 (d), and otherwise affirmed, without costs.

Defendant established his prima facie entitlement to summary judgment by submitting evidence, including the affirmed reports of an orthopedist and…