Canelo v. Genolg Transit, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendants established their entitlement to summary judgment dismissing the 90/180-day claim based upon, inter alia, plaintiffs deposition testimony that he had not been confined to bed and did not miss work following the accident (see Lopez v Abdul-Wahab, 67 AD3d 598 [2009]). Plaintiff failed to raise a triable issue of fact as to whether he was incapacitated from performing all of his usual and customary activities for at least 90 out of 180 days following the accident.
The failure of defendants’ experts to review plaintiffs medical records does not require denial of defendants’ motion with…
2Cases cited6 opinions
- DeJesus v. PaulinoAppellate Division of the Supreme Court of the State of New York · 2009
- Bandoian v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1998
- Yang v. AlstonAppellate Division of the Supreme Court of the State of New York · 2010
- Arrowood v. LowingerAppellate Division of the Supreme Court of the State of New York · 2002
- Lopez v. Abdul Abdul-WahabAppellate Division of the Supreme Court of the State of New York · 2009
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- Dorrian v. CantalicioAppellate Division of the Supreme Court of the State of New York · 2012
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