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ZAMORE v. PERALTA

50 A.D.3d 423 (2008)

855 N.Y.S.2d 480

SHAMIKA ZAMORE et al., Appellants, v. FABIO A. PERALTA et al., Respondents, et al., Defendant.

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

Decided April 15, 2008.

The court properly dismissed plaintiff's claim that she was unable to perform substantially all of her usual and customary activities for at least 90 out of the 180 days following the accident for failure to establish a prima facie case. Plaintiff did not provide objective evidence demonstrating that such activities were restricted (see Uddin v Cooper, 32 A.D.3d 270 [2006], lv denied 8 N.Y.3d 808 [2007]). Although her attendance...

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