In Domanas v. Delgado Travel Agency, Inc. , Bognay Domanas was hit from behind and allegedly injured by a rental car driven by Mario Erazo.
Although initially treated for his injuries, Domanas stopped for about nineteen months because he couldn't afford the medical assistance. (During that timeframe, since he was a licensed physical therapist, he self-treated and his colleagues assisted him with his physical therapy.)
When Domanas sued Erazo and the rental agency, the Queens County Supreme Court was of the view Domanas hadn't sustained a "serious" injury as defined by New York law and granted the defendants' request to dismiss the case.
When Domanas asked the court to reconsider its decision, the judge reversed course and found Domanas had raised a "triable issue of fact" which required a formal hearing or trial.
On appeal, the Appellate Division, Second Department, agreed Domanas's documents adequately explained his nineteen-month treatment lapse and allowed the case to continue.
In other words, Domanas didn't fall into that gap .
To download a copy of the Appellate Decision's decision, please use this link: Domanas v. Delgado Travel Agency, Inc.