Plaintiffs failed to set forth any new facts not offered on the prior motion that would change the prior determination (CPLR 2221 [e] [2]). Even assuming they had presented new facts that were previously unavailable, they failed to demonstrate that plaintiff Richard Otero suffered a serious injury as defined by Insurance Law § 5102 (d). Plaintiffs' submission failed to explain a gap in treatment of more than a year, which is fatal to a claim of serious injury (Pommells...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
