Defendants appeal from an order of the Civil Court of the City of New York, Bronx County (Francis M. Alessandro, J.), entered March 15, 2007, which denied their motion and cross motion for summary judgment.

Per Curiam:
Order (Francis M. Alessandro, J.), entered March 15, 2007, reversed, without costs, and defendants' cross motions for summary judgment granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

The failure of plaintiff's physicians to explain or address the nearly four-year gap in medical treatment is fatal to plaintiff's serious injury claim based upon permanent loss of use or consequential limitation of use of a body organ, member or function (see Insurance Law § 5102[d]; Pommells v Perez, 4 NY3d 566 [2005]; Rubenscastro v Alfaro, 29 AD3d 436 [2007]). Plaintiff also failed to establish, by competent medical evidence, that he was prevented from performing substantially all of the material acts constituting his customary daily activities during at least 90 of the first 180 days following the vehicular accident (see Rodriguez v Herbert, 34 AD3d 345 [2006]). Plaintiff's self-serving deposition testimony was insufficient to raise a triable issue of fact in this regard (see Thompson v Abbasi, 15 AD3d 95 [2005]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 20, 2008