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Allotey v. Catelanos

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 1994
203 A.D.2d 219 (N.Y. App. Div. 1994)

Opinion

April 4, 1994

Appeal from the Supreme Court, Queens County (Graci, J.).


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.

The Supreme Court erred in granting the respondent's motion. A defendant's motion for summary judgment based on the plaintiff's failure to establish "serious injury" within the meaning of Insurance Law § 5102 (d) must be supported by admissible evidence. The unsworn reports of the respondent's own medical experts submitted in support of his motion were not in admissible form (see, Pagano v Kingsbury, 182 A.D.2d 268). Therefore, his motion for summary judgment should have been denied. Bracken, J.P., Miller, Santucci and Altman, JJ., concur.


Summaries of

Allotey v. Catelanos

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 1994
203 A.D.2d 219 (N.Y. App. Div. 1994)
Case details for

Allotey v. Catelanos

Case Details

Full title:NAT ALLOTEY et al., Appellants, v. JOHN CATELANOS, Respondent, et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 4, 1994

Citations

203 A.D.2d 219 (N.Y. App. Div. 1994)
612 N.Y.S.2d 885