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ZBIERSKA v. WOMEN & AIDS RES. NETWORK, INC.

248 A.D.2d 610 (1998)

669 N.Y.S.2d 942

Zofia Zbierska, Appellant, v. Women & Aids Resource Network, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 23, 1998

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff raised a triable issue of fact (see, CPLR 3212 [b]) as to whether her injuries prevented her from performing substantially all of her usual and customary activities for at least 90 of the 180 days following an accident (cf., Horan v Mirando, 221 A.D.2d 506). On the day of the accident...

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