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MANON v. DOUCOURE

59 A.D.3d 304 (2009)

873 N.Y.S.2d 605

JOSE R. MANON, Appellant, v. DIABY DOUCOURE et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 24, 2009.

Defendants established prima facie that plaintiff did not sustain a serious injury of either a permanent or a nonpermanent nature by submitting medical evidence indicating that his spinal and shoulder injuries had resolved within two months after the accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]). In opposition, plaintiff failed to adequately explain the three-year gap in his treatment (see Pommells v Perez...

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