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Two-year gap in plaintiff's medical treatment relieves defendant; Court grants summary judgment for failure to show "serious injury"

Pujols-Duarte v. Provenzano, Index No. 301773/2013 (Sup.Ct. Bronx Cty. June 29, 2015)

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Plaintiff failed to demonstrate a 'serious injury' under Insurance Law sections 5102(d) and 5104(a), leading the Court to grant the defendant's motion for summary judgment dismissing the Complaint in this auto collision case.

Plaintiff submitted two physicians' reports in opposition to defendant's motion, yet he did not offer any proof to explain why he stopped treatment for a two-year period. It was not sufficient, the Court held, to simply affirm that the treatment "was not working".

AGF&J associate Dennis J. Monaco represented the defendant.