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Santoro v. Daniel

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 478 (N.Y. App. Div. 2000)

Opinion

Submitted September 13, 2000

October 2, 2000.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Durante, J.), dated October 20, 1999, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. (Jonahan A. Dachs of counsel), for appellants.

Michael Quintana, Brooklyn, N.Y., for respondent.

Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants established a prima facie case that the plaintiff's injuries were not serious through the affirmed reports of orthopedists, who, upon examining the plaintiff, found no objective evidence of any orthopedic disability (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The affirmation of the plaintiff's treating chiropractor, which was not notarized, and unsworn medical reports submitted by the plaintiff in opposition to the motion did not constitute competent evidence (see, Feintuch v. Grella, 209 A.D.2d 377; Pagano v. Kingsbury, 182 A.D.2d 268). Accordingly, the plaintiff failed to raise a triable issue of fact (see, CPLR 3212[b]).


Summaries of

Santoro v. Daniel

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 478 (N.Y. App. Div. 2000)
Case details for

Santoro v. Daniel

Case Details

Full title:KATHLEEN SANTORO, RESPONDENT, v. JACOB DANIEL, ET AL., APPELLANTS

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

Date published: Oct 2, 2000

Citations

276 A.D.2d 478 (N.Y. App. Div. 2000)
713 N.Y.S.2d 699

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