Opinion
1748
October 7, 2003.
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered April 16, 2002, which, insofar as appealed from, granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury as required by Insurance Law § 5102(d), unanimously affirmed, without costs.
John P. Higham, for plaintiff-appellant.
Kathleen M. Dumont, for defendant-respondent.
Before: Saxe, J.P., Sullivan, Williams, Lerner, Friedman, JJ.
In opposition to defendant's prima facie showing of no serious injury, plaintiff submitted the report of his treating physician which, while denominated an affirmation, is neither affirmed (CPLR 2106) nor sworn (see Merrill/New York Co. v. Celebrity Sys., 300 A.D.2d 206), and thus failed to provide the requisite medical evidence of serious injury (see Grasso v. Angerami, 79 N.Y.2d 813; Charlton v. Almaraz, 278 A.D.2d 145). In any event, the physical limitations described therein are neither supported by clinical findings of decreased range of motion (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345, 350), nor shown to be causally related to the accident by the medical evidence of record submitted by defendant ( see Chrisomalides v. Ekow, 291 A.D.2d 202).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.