FRENCH, JAMES R. v. SYMBORSKI, DAUN M.

I respectfully dissent because I disagree with the majority’s conclusion that defendants met their initial burden with respect to the 90/180-day category of serious injury (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). I would thus modify the order by denying in part defendants’ motion for summary judgment and reinstating the complaint with respect to the 90/180-day category of serious injury within the meaning of Insurance Law § 5102 (d).

Defendants’ submissions failed to establish that plaintiff suffered only some “ ‘slight curtailment’ ” of his usual activities during no…