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CANELO v. GENOLG TRANSIT, INC.

4577, 307821/08.

82 A.D.3d 584 (2011)

919 N.Y.S.2d 27

DOMINGO CANELO et al., Respondents, v. GENOLG TRANSIT, INC., et al., Appellants.

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

Decided March 22, 2011.

Defendants established their entitlement to summary judgment dismissing the 90/180-day claim based upon, inter alia, plaintiff's deposition testimony that he had not been confined to bed and did not miss work following the accident (see Lopez v Abdul-Wahab, 67 A.D.3d 598 [2009]). Plaintiff failed to raise a triable issue of fact as to whether he was incapacitated from performing all of his usual and customary activities for...

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