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COOMBS v. ZELEKOWITZ

Docket No. 158708/16. Appeal No. 14226. Case No. 2020-04494.

197 A.D.3d 1032 (2021)

151 N.Y.S.3d 892

2021 NY Slip Op 05076

Deborah Marie Coombs, Respondent, v. Fern Zelekowitz et al., Appellants.

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

Decided September 28, 2021.

Attorney(s) appearing for the Case

Weber Gallagher Simpson Stapleton Fires and Newby, LLP, New York ( Lisa M. Fitzgerald of counsel), for appellants.

Varcadipane & Pinnisi, P.C., New York ( Dawn M. Pinnisi of counsel), for respondent.

Concur—Acosta, P.J., Singh, Kennedy, Mendez, Higgitt, JJ.

Defendants established that plaintiff did not sustain a 90/180-day injury by relying on her testimony that she returned to work within a few days of the accident and that she continued working despite her injuries (see Anderson v Pena, 122 A.D.3d 484, 485 [1st Dept 2014]), as well as the allegations in her bill of particulars that she was totally disabled for only 21 days and unable to work for only 15 days following the accident...

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