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ORTIZ v. ASH LEASING, INC.

63 A.D.3d 556 (2009)

EDWIN ORTIZ et al., Appellants, v. ASH LEASING, INC., Respondent.

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

Decided June 23, 2009.

Defendant made a prima facie showing that none of the three plaintiffs sustained a 90/180-day injury by submitting their deposition testimony (see Copeland v Kasalica, 6 A.D.3d 253, 254 [2004]). Two of the plaintiffs admitted that they had not been confined to bed or home after the accident, and the third said nothing during his deposition about being prevented from performing substantially all of the material acts that constituted...

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