Bejaran v. Perez

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered September 16, 2009, which granted defendants’ motion for summary judgment dismissing the complaint for lack of a serious injury, unanimously modified, on the law, the motion *572denied and the complaint reinstated only to the extent that the serious injury claim is based on inability to perform usual and customary activities for at least 90 of the 180 days following the accident, and otherwise affirmed, without costs. Appeal from order, same court and Justice, entered December 22, 2009, which denied plaintiffs motion to renew and…