PELC v. ESTATE OF WOHLERT


277 A.D.2d 963 (2000)

716 N.Y.S.2d 627

ROBERT PELC et al., Respondents, v. ESTATE OF ALBERT H. WOHLERT, Deceased, et al., Appellants.

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

Decided November 13, 2000.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendants' motions for summary judgment dismissing the complaint. There is an issue of fact whether the injuries of plaintiff Robert Pelc prevented him from performing substantially all of the material acts that constitute his usual and customary daily activities for at least 90 of the 180 days immediately following the accident (see, Insurance Law §...

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