TAYLOR v. VASQUEZ


58 A.D.3d 406 (2009)

871 N.Y.S.2d 89

WILLIAM TAYLOR, Respondent, v. MIGUEL A. VASQUEZ, Appellant, and CALVIN OSBORNE, Respondent.

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

January 6, 2009.


Defendants' medical submissions in support of their motion for summary judgment did not address plaintiff's medical condition during the 180 days following the accident. However, plaintiff's deposition testimony that he was confined to home and bed for just one or two weeks following the accident is an admission that defeats his claim that he suffered an impairment that substantially interfered with his usual and customary daily activities for 90 of the first 180 days following...

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