| Perez v Corr |
| 2011 NY Slip Op 04369 [84 AD3d 646] |
| May 26, 2011 |
| Appellate Division, First Department |
| Bienvenida Perez et al., Respondents, v John A. Corr et al.,Appellants. |
—[*1] Arnold E. DiJoseph, P.C., New York (Arnold E. DiJoseph, III of counsel), forrespondents.
Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered May 12, 2010, which,to the extent appealed from, denied defendants' motion for summary judgment dismissing thecomplaint as to plaintiff Gloria Dunn's claim under the 90/180-day category, unanimouslyreversed, on the law, without costs, and the motion granted. The Clerk is directed to enterjudgment dismissing the complaint in its entirety.
Defendants demonstrated the absence of factual issues with respect to plaintiff's 90/180-dayclaim, by submitting plaintiff's deposition testimony, wherein she testified that she was confinedto her home for approximately one month, and that she missed about one month of work (see McCree v Sam Trans Corp., 82AD3d 601 [2011]). That plaintiff returned to work for an additional two months, on areduced work schedule, fails to raise a triable issue of fact as to whether she sustained a90/180-day injury (see Linton vNawaz, 62 AD3d 434, 443 [2009], affd on other grounds 14 NY3d 821 [2010]).Concur—Gonzalez, P.J., Mazzarelli, Richter, Manzanet-Daniels and RomÁn, JJ.