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CORBETT v. YOBRIS ENTERPRISES

2009-03657.

67 A.D.3d 955 (2009)

888 N.Y.S.2d 778

2009 NY Slip Op 08777

DON CORBETT, Respondent, v. YOBRIS ENTERPRISES et al., Appellants, et al., Defendant.

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

Decided November 24, 2009.

Ordered that the order is affirmed, with costs.

The defendants Yobris Enterprises and Rafael Santos failed to make a prima facie showing that the plaintiff did not sustain a medically-determined injury of a nonpermanent nature which prevented her from performing her usual and customary daily activities for 90 of the first 180 days following the subject accident (see Insurance Law § 5102 [d]; Alvarez v Dematas, 65 A.D.3d 598

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