BAEZ v. RAHAMATALI


24 A.D.3d 256 (2005)

808 N.Y.S.2d 171

TAYNISHA BAEZ, Appellant, v. IMAMALLY RAHAMATALI et al., Respondents.

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

December 22, 2005.


Plaintiff's unexplained 20-month gap in treatment is fatal to her claim of serious injury (see Pommells v. Perez, 4 N.Y.3d 566, 574 [2005]; Colon v. Kempner, 20 A.D.3d 372, 374 [2005]). The dissent's assumption that plaintiff stopped treatment because there was no further benefit to continuing physical therapy is not supported by any evidence, medical or otherwise, but rather, is based on...

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