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PRESTOL v. McKISSOCK

50 A.D.3d 600 (2008)

856 N.Y.S.2d 598

NORMA C. PRESTOL, Respondent, v. CAROL I. McKISSOCK et al., Defendants, and ANGEL M. CALVO, Appellant.

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

Decided April 29, 2008.

The only evidence as to plaintiff's claim of injury in the 90/ 180 period is her own deposition testimony that she was confined to bed and home and unable to work for approximately two months, i.e., 60 days (see Furrs v Griffith, 43 A.D.3d 389 [2007]).

As to plaintiff's remaining claims, while defendants met their initial burden on their motions, in opposition, plaintiff raised a triable issue of fact through her treating...

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