Opinion
No. 2002-1404 KC.
June 5, 2003.
Appeal by defendants from an order of the Civil Court, Kings County (D. Kurtz, J.), dated August 9, 2002, which denied their motion for summary judgment.
Order unanimously affirmed without costs.
PRESENT: PESCE, P.J., ARONIN and GOLIA, JJ.
DECIDED
Defendants moved for summary judgment on the ground that the injured plaintiff Elijah Ramel Michaux did not suffer a serious injury under Insurance Law¢ 5102 (d). The defendants may rely on the unsworn medical reports of the injured plaintiff's doctor in support of their motion (Pagano v. Kingsbury, 182 AD2d 268;see also Fragale v. Geiger, 288 AD2d 431). In the instant matter, the defendants' attorney included the unsworn MRI report of the injured plaintiff's radiologist which stated that there is "likely interstitial tear to the anterior cruciate ligament.
Fibrillation changes posterior horn medial meniscus." The defendants' attorney also included the unsworn report of the injured plaintiff's doctor which reached the same conclusion and stated that "The patient remains an active candidate for arthroscopic evaluation of the left knee." Under the circumstances, the defendants failed to make a prima facie showing that the injured plaintiff did not sustain a serious injury (see Lombardi v. Columbo, 259 AD2d 524). Accordingly, it is unnecessary to consider whether the plaintiff's papers in opposition were sufficient to raise a triable issue of fact (Chaplin v. Taylor, 273 AD2d 188).