SEEPERSAUD v. L&M BUS CORP.

1538, 309175/11.

140 A.D.3d 579 (2016)

33 N.Y.S.3d 692

2016 NY Slip Op 05030

TEJWATI SEEPERSAUD, Appellant, v. L&M BUS CORP. et al., Respondents.

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

Decided June 23, 2016.


Defendants failed to meet their prima facie burden as to plaintiff's 90/180-day claim. Defendants' experts did not examine plaintiff until over three years after the accident and did not offer an opinion concerning her condition during the relevant period. Nor did defendants submit other evidence, such as medical records or deposition testimony, to disprove plaintiff's claim that she was confined to home and disabled from work during the relevant 180-day period (see Silverman...

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