Opinion
March 23, 1998
Appeal from the Supreme Court, Queens County (Lisa, J.).
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The plaintiff raised a triable issue of fact (see, CPLR 3212 [b]) as to whether her injuries prevented her from performing substantially all of her usual and customary activities for at least 90 of the 180 days following an accident (cf., Horan v. Mirando, 221 A.D.2d 506). On the day of the accident, January 17, 1995, the plaintiff was employed as a real estate salesperson by Phillips Realty. In opposition to the motion for summary judgment, she submitted an affidavit sworn to by James Phillips, the owner of that company. Mr. Phillips indicated that, with the exception of "approximately four days", the plaintiff was absent from work from January 18, 1995, until May 13, 1995, thus confirming the assertions made in the plaintiff's affidavit which was also submitted in opposition to the motion (cf., Phillips v. Costa, 160 A.D.2d 855).
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.