Agramonte v Marvin

2005 NY Slip Op 07599

Decided on October 13, 2005

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 13, 2005
Andrias, J.P., Friedman, Sullivan, Gonzalez, JJ.
6755Index 14818/0215310/02






Keogh Crispi, P.C., New York (Pat James Crispi of counsel), for
appellants.
Mintzer Sarowitz Zeris Levda & Meyers, New York (Erika L.
Omundson of counsel), for Donald Marvin, respondent.
Picciano & Scahill, PC, Westbury (Robin Mary Heaney of
counsel), for Humberto S. Espinal, respondent.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered July 9, 2004, which granted defendants' motions for summary judgment dismissing the complaint as to plaintiffs-appellants on the ground that they did not sustain serious injuries within the meaning of Insurance Law § 5102(d), unanimously affirmed, without costs.

Plaintiffs received physical therapy for three months after the accident but sought no other treatment until two years later, shortly after defendants made the first of their motions for summary judgment. This unexplained gap in treatment is fatal to plaintiffs' claims of serious injury (Pommells v Perez, 4 NY3d 566, 574 [2005]; Colon v Kempner, 20 AD3d 372 [2005], 2005 NY App Div LEXIS 8124, *5).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 13, 2005

CLERK