Dieujuste v. Kiss Management Corp.

Order, Supreme Court, Bronx County (Sallie Manzanet*515Daniels, J.), entered September 8, 2008, which, insofar as appealed from, denied defendants-appellants’ motion for summary judgment dismissing the complaint for lack of a serious injury under Insurance Law § 5102 (d), unanimously modified, on the law, to dismiss the claims alleging injury to the lumbar spine and a 90/180-day curtailment of plaintiff’s activities, and otherwise affirmed, without costs.

An issue of fact as to whether plaintiff sustained a serious injury to his right wrist is raised by the affirmed reports of plaintiff’s treating…