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KAAKYIRE v. SOTO

Index No. 25666/17E. Appeal No. 14201. Case No. 2020-04152.

197 A.D.3d 1040 (2021)

151 N.Y.S.3d 891

2021 NY Slip Op 05084

Nana Kaakyire, Appellant, v. Angel D. Soto et al., Respondents. (And a Third-Party Action.)

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

Decided September 28, 2021.

Attorney(s) appearing for the Case

Crasto & Associates, P.C., Howard Beach ( Thomas A. Torto of counsel), for appellant.

Robert D. Grace , Brooklyn, for respondents.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Pitt, JJ.

Defendants established that plaintiff did not sustain a serious injury under the 90/180-day category by relying on plaintiff's allegations in her bill of particulars that she was confined to bed for just three weeks immediately following the accident and for approximately one month after her left knee surgery (see Fuentes v Sanchez, 91 A.D.3d 418, 420 [1st Dept 2012]). However, in opposition...

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