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.