Baez v. Rahamatali

Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J), entered March 8, 2004, which granted defendants’ motions for summary judgment dismissing the complaint, affirmed, without costs.

Plaintiffs unexplained 20-month gap in treatment is fatal to her claim of serious injury (see Pommells v Perez, 4 NY3d 566, 574 [2005]; Colon v Kempner, 20 AD3d 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 mere speculation.…