Alexander v. Garcia

Order, Supreme Court, New York County (Milton A.. Tingling, J.), entered January 10, 2006, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to dismiss so much of the complaint as claims an injury or impairment that prevented plaintiff from performing substantially all of the material acts constituting his usual and customary daily activities for at least 90 days during the 180 days immediately following the accident, and otherwise affirmed, without costs.

Although the affirmation of defendants’ physician, who did not examine…