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RODRIGUEZ v. HERBERT

34 A.D.3d 345 (2006)

825 N.Y.S.2d 37

FELIPE RODRIGUEZ, Appellant, v. JEANETTE J. HERBERT et al., Respondents.

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

Decided November 21, 2006.

Even though the time plaintiff spent under treatment by different physicians after his accident exceeds 90 days, he failed to establish, by competent medical evidence, that during this period he was prevented from performing substantially all of the material acts constituting his customary daily activities during at least 90 of the first 180 days following the accident (Insurance Law § 5102 [d]; see Thompson v Abbasi, 15 A.D.3d 95<...

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