Opinion
December 30, 1999
Appeal from Order of Supreme Court, Niagara County, Koshian, J. — Summary Judgment.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed.
PRESENT: LAWTON, J. P., HAYES, WISNER, HURLBUTT AND SCUDDER, JJ.
Memorandum:
Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint in this personal injury action arising from an automobile accident. Defendant's submissions in support of the motion, including the affidavit and incorporated report of defendant's medical expert, are sufficient to establish as a matter of law that plaintiff did not sustain a serious injury, and plaintiff failed to meet his burden of raising a triable issue of fact ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957; Lough v. City of Syracuse, 191 A.D.2d 1018, 1019). The affidavit of plaintiff's attorney lacks evidentiary value ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 563; Lough v. City of Syracuse, supra, at 1019); plaintiff's affidavit, containing conclusory and subjective allegations of pain and discomfort, is likewise unavailing ( see, Green v. Gloede Assocs. Leasing, 222 A.D.2d 1066, 1067); and the unsworn reports of plaintiff's physicians fail to raise an issue of fact because they are not in admissible form ( see, Grasso v. Angerami, 79 N.Y.2d 813, 814-815; Thousand v. Hedberg, 249 A.D.2d 941; Lough v. City of Syracuse, supra, at 1019). We therefore grant defendant's motion and dismiss the complaint.