From Casetext: Smarter Legal Research

Marte v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1998
253 A.D.2d 519 (N.Y. App. Div. 1998)

Opinion

August 24, 1998

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


Ordered that the order is affirmed, with costs.

The medical reports prepared by the plaintiff's examining physicians which were submitted by the defendant New York City Transit Authority in support of the motion for summary judgment established a prima facie case that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d) ( see, Jacondino v. Lovis, 186 A.D.2d 109; Pagano v. Kingsbury, 182 A.D.2d 268). The burden then shifted to the plaintiff to come forward with sufficient evidence to raise a triable issue of fact as to whether he sustained a serious injury ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 957).

The plaintiff's evidence was insufficient in this regard. His examining physician's affidavit, reciting the words "permanent" and "consequential significant limitation of motion", was conclusory and clearly tailored to meet the statutory requirements ( see, Panisse v. Jrs. Truck Rental, 239 A.D.2d 397; Medina v. Zalmen Reis Assocs., 239 A.D.2d 394). The physician's unsworn report, the findings of which were not incorporated in his affidavit, did not constitute competent evidence ( see, Attivissimo v. Kugler 226 A.D.2d 658; Pagano v. Kingsbury, supra).

Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ., concur.


Summaries of

Marte v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1998
253 A.D.2d 519 (N.Y. App. Div. 1998)
Case details for

Marte v. New York City Transit Authority

Case Details

Full title:PEDRO MARTE, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al.…

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

Date published: Aug 24, 1998

Citations

253 A.D.2d 519 (N.Y. App. Div. 1998)
677 N.Y.S.2d 152

Citing Cases

Knopf v. Sinetar

while the neurologist also noted that, upon testing on that date, the plaintiff had an "audible clicking" in…

Day v. Shah

Dr. Rodriguez opined that Plaintiff "sustained a moderate to severe permanent disability to his right knee,…