PEREZ v. CORR

Defendants demonstrated the absence of factual issues with respect to plaintiffs 90/180-day claim, by submitting plaintiffs deposition testimony, wherein she testified that she was confined to her home for approximately one month, and that she missed about one month of work ( see McCree v Sam Trans Corp., 82 AD3d 601). That plaintiff returned to work for an additional two months, on a reduced work schedule, fails to raise a triable issue of fact as to whether she sustained a 90/180-day injury ( see Linton v Nawaz, 62 AD3d 434, 443, affd on other grounds 14 NY3d 821).