Opinion
December 23, 1985
Appeal from the Supreme Court, Queens County (Durante, J.).
Order reversed, on the law, with costs, motion granted and plaintiff's first cause of action dismissed.
In opposition to defendant's motion for partial summary judgment, plaintiff failed to submit an affidavit from her treating physician setting forth the injuries that she sustained and the course of treatment he rendered (see, Lopez v Senatore, 65 N.Y.2d 1017, 1020). All she presented was a form completed by her treating physician three years earlier in connection with no-fault benefits. Noticeably absent were her affidavit and the affidavit of a physician attesting to her present physical condition. Accordingly, partial summary judgment is granted to the defendant (see, Spangenberg v Dombrowski, 114 A.D.2d 497). Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.