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AGRAMONTE v. MARVIN

22 A.D.3d 322 (2005)

802 N.Y.S.2d 420

JOCELYN AGRAMONTE et al., Appellants, v. DONALD MARVIN et al., Respondents. (And Another Action.)

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

October 13, 2005.

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 N.Y.3d 566, 574 [2005]; Colon v. Kempner, 20 A.D.3d 372

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