RAMKUMAR v. GRAND STYLE TRANSPORTATION ENTERPRISES INC.

No. 170.

22 N.Y.3d 905 (2013)

998 N.E.2d 801

2013 NY Slip Op 6638

NANDKUMAR RAMKUMAR, Appellant, v. GRAND STYLE TRANSPORTATION ENTERPRISES INC. et al., Respondents. GRAND STYLE TRANSPORTATION ENTERPRISES INC. et al., Third-Party Plaintiffs-Respondents, v. GEORGINA D. CASTILLO, Third-Party Defendant-Respondent.

Court of Appeals of New York.

Decided October 15, 2013.


Attorney(s) appearing for the Case

Law Office of Judah Z. Cohen, PLLC, Woodmere ( Judah Z. Cohen of counsel), for appellant.

Burke, Gordon & Conway, White Plains ( Ashley E. Sproat of counsel), for Bisnath Bissessar and another, respondents.

Mauro Lilling Naparty LLP, Woodbury ( Matthew W. Naparty and Timothy J. O'Shaughnessy of counsel), for Grand Style Transportation Enterprises Inc. and another, respondents.

Michael Jaffe , New York City, for New York State Trial Lawyers Association, amicus curiae.

McGaw, Alventosa & Zajac, Jericho ( Andrew Zajac , Dawn C. DeSimone , Seamus G. Flaherty and Jonathan T. Uejio of counsel), and James M. Begley , New York City, for Defense Association of New York, Inc., amicus curiae.

Marc D. Craw , Albany, for New York Insurance Association, Inc., amicus curiae.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the complaint reinstated.

The record raises a triable issue of fact as to whether plaintiff has offered "some reasonable explanation" for the cessation of physical therapy treatment for his injury (Pommells v Perez, 4 N.Y.3d 566, 574 [2005]). Plaintiff was asked at his deposition when he was last treated...

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