From Casetext: Smarter Legal Research

Farjam v. Paul Michael Management, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Aug 31, 1998
253 A.D.2d 535 (N.Y. App. Div. 1998)

Opinion

August 31, 1998

Appeal from the Supreme Court, Suffolk County (Underwood, Jr., J.).


Ordered that the order and judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The medical reports affirmed under penalty of perjury ( see, CPLR 2106) which the defendants submitted in support of their respective motions for summary judgment made out a prima facie case that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d).

In opposition to the motions for summary judgment, the plaintiff relied solely upon the unsworn medical reports of his medical experts and failed to proffer an acceptable excuse for his failure to submit evidence in the form of affidavits or affirmations ( see, Pagano v. Kingsbury, 182 A.D.2d 268). Accordingly, the plaintiff failed to overcome the defendants' prima facie showing.

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.


Summaries of

Farjam v. Paul Michael Management, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Aug 31, 1998
253 A.D.2d 535 (N.Y. App. Div. 1998)
Case details for

Farjam v. Paul Michael Management, Inc.

Case Details

Full title:FARROKH FARJAM, Appellant, v. PAUL MICHAEL MANAGEMENT, INC., et al.…

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

Date published: Aug 31, 1998

Citations

253 A.D.2d 535 (N.Y. App. Div. 1998)
676 N.Y.S.2d 512

Citing Cases

Camacho v. Amboy Bus Co.

On a motion for summary judgment in a case alleging serious injury, the burden is initially on the defendant…

Ahmed v. Cannon

If the defendant meets this burden, the burden then shifts to the plaintiff to raise an issue of fact as to…