Correa v. Asm Saifuddin

I respectfully dissent and would reverse because I disagree with the majority’s opinion that defendants failed to meet their initial burden for their summary judgment motion on plaintiffs “90/ 180-day” claim (see CPLR 3212 [b]). Plaintiffs own deposition testimony sufficed to make a prima facie showing that defendants were entitled to judgment, and by finding otherwise the majority departs from an established line of rulings by this Court.

At his deposition, plaintiff testified that, following his accident, he was confined to his bed and his home for about one month. According to plaintiff,…