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BRANTLEY v. NEW YORK CITY TRANSIT AUTHORITY

48 A.D.3d 313 (2008)

852 N.Y.S.2d 81

MICHAEL BRANTLEY, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Sued Herein as NEW YORK CITY METROPOLITAN TRANSIT AUTHORITY, et al., Respondents, et al., Defendants.

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

Decided February 21, 2008.

With respect to the 90/180-day category, defendants met their initial burden on the motion by submitting plaintiff's deposition testimony and bill of particulars indicating that he was confined to bed for only five days and missed only five days of work (see Thompson v Abbasi, 15 A.D.3d 95, 101 [2005]), and the report of an orthopedist who examined plaintiff about four months after the accident and found unrestricted range of motion...

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