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POMMELLS v. PEREZ

4 A.D.3d 101 (2004)

772 N.Y.S.2d 21

ANTHONY POMMELLS, Appellant, v. FRANCISCO R. PEREZ et al., Respondents.

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

February 3, 2004.

Even assuming the summary description of the tests performed on plaintiff was sufficient to constitute objective medical proof of serious injury under Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 350 [2002]), defendants' motion for summary judgment was properly granted on the ground that plaintiff's failure to explain a nearly four-year gap in treatment renders any conclusion as to causation speculative...

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