In Jimenez v. Rojas 26 AD3d 256 [1st Dept. 2006] the plaintiff pedestrian was struck by the defendant's van and was transported to the hospital immediately after the accident where he was treated for a scalp wound, and x-rays were taken which, revealed degenerative conditions in the cervical spine and a degenerative sclerosis in one shoulder. Thereafter, plaintiff was not treated or seen by a medical provider for a period of two years, and then came under the care of a chiropractor who found and opined that the plaintiff was a suffering from a permanent reduction in the range of motion of the cervical spine with muscle spasms; and tenderness in the right shoulder and rotator cuff, which caused diminishing rotation and abduction. The trial court's grant of summary judgment to the defendant was affirmed by the Appellate Division, which held that: "since no objective findings of the injured plaintiff's purported loss of range of motion to his cervical spine were made until more than two years after the accident, there was a failure of proof relating to the range-of-motion restrictions in that region".