Perilla v. Akanda

*556OPINION OF THE COURT

Lucy Billings, J.

1. Background

Plaintiff sues to recover for injuries he sustained September 2, 2003, when a vehicle defendant owned and was operating struck plaintiff, who was riding a bicycle. Defendant moves for summary judgment dismissing the complaint (CPLR 3212 [b]) on the ground that plaintiff has not sustained a “serious injury” entitling him to recover for “non-economic loss.” (Insurance Law § 5102 [d]; § 5104 [a].) For the reasons explained below, the court denies defendant’s motion except to the limited extent set forth. (CPLR 3212 [b], [e].)

II. Serious Injury

A.…