Legal Opinion

Britton v. Villa Auto Corp.

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 2011PublishedCited by 4 opinions

1Opinion of the Court

Defendants moved for summary judgment and made out a prima facie showing that plaintiff did not suffer a serious injury. In opposition to that motion, plaintiff offered no explanation for her failure to pursue any treatment for almost three years after the initial period of treatment that encompassed less than two months (see Pommells v Perez, 4 NY3d 566, 574 [2005]; Agramonte v Marvin, 22 AD3d 322 [2005]). In addition, although plaintiff testified that she underwent physical therapy for six months beginning a week after the accident and that she stopped going because no-fault would no longer…

2Cases cited5 opinions

  1. Pommells v. PerezNew York Court of Appeals · 2005
  2. Lopez v. SimpsonAppellate Division of the Supreme Court of the State of New York · 2007
  3. Clemmer v. Drah Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Hospedales v. DoeAppellate Division of the Supreme Court of the State of New York · 2010
  5. Agramonte v. MarvinAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by4 opinions

  1. Vasquez v. AlmanzarAppellate Division of the Supreme Court of the State of New York · 2013
  2. Levinson v. MollahAppellate Division of the Supreme Court of the State of New York · 2013
  3. Levinson v. MollahAppellate Division of the Supreme Court of the State of New York · 2013
  4. Vasquez v. AlmanzarAppellate Division of the Supreme Court of the State of New York · 2013

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