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DAMAS v. VALDES

2009-06494.

84 A.D.3d 87 (2011)

921 N.Y.S.2d 114

MARIE-CARMENE DAMAS, Respondent, v. ROMANN VALDES et al., Appellants.

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

Decided April 12, 2011.

Attorney(s) appearing for the Case

Nancy L. Isserlis , Long Island City ( Lawrence R. Miles and Francis M. Cerniglia of counsel), for Romann Valdes, appellant.

Lawrence, Worden, Rainis & Bard, P.C., Melville ( Roger B. Lawrence of counsel), for Raymond S. Gray and another, appellants.

Harmon, Linder & Rogowsky, New York City ( Mitchell Dranow of counsel), for respondent.

PRUDENTI, P.J., BALKIN and CHAMBERS, JJ., concur.

OPINION OF THE COURT

DILLON, J.

This appeal presents an issue of first impression in the appellate courts. We are asked to determine whether a pregnant plaintiff, who was prescribed prolonged bed rest to deal with preterm labor allegedly caused by an automobile accident, may obtain summary judgment under the 90/180-day category of the New York Insurance Law threshold. We hold that where there is proof that preterm labor is causally related to an automobile...

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