Plaintiff appeals from so much of an order of the Civil Court, Bronx County (Irving Rosen, J.), entered November 15, 2004, as granted defendants' motion for summary judgment dismissing the complaint, and from a judgment of the same court (Francis M. Alessandro, J.), entered July 8, 2005, which dismissed the complaint.

PER CURIAM:

Judgment (Francis M. Alessandro, J.), entered July 8, 2005 affirmed, with $25 costs. Appeal from order (Irving Rosen, J.), entered November 15, 2004, dismissed as subsumed in the appeal from the judgment.

Plaintiff received physical therapy for two months after the May 1997 vehicular accident and sought no other treatment until September 1999, when he underwent treatment for one week. He received no further treatment until April 2003, shortly after defendants filed their motion for summary judgment. These unexplained gaps in treatment are fatal to plaintiff's claim of serious injury (see Pommells v. Perez, 4 NY 3d 566, 574 [2005]; Agramonte v. Marvin, 22 AD3d 322 [2005]). Plaintiff's belated and unsubstantiated claim that he stopped physical therapy because it was not effective was insufficient to raise a triable issue (see Thompson v. Abbasi, 15 AD3d 95 [2005]). Nor does the record contain any evidence which supports plaintiff's 90/180-day claim (see Quezada v. Luque, 27 AD3d 205 [2006]).

This constitutes the decision and order of the court.
Decision Date: August 3, 2006