Opinion
3368.
Decided May 18, 2004.
Order, Supreme Court, Bronx County (Nelson Roman, J.), entered June 11, 2003, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Friedberg Raven, LLP, New York (Robert E. Giovinazzi of counsel), for appellants.
Raskin Kremins, LLP, New York (Nicholas E. Warywoda of counsel), for respondents.
Before: Buckley, P.J., Tom, Sullivan, Williams, JJ.
An issue of fact as to whether plaintiff sustained a serious injury as required by Insurance Law § 5102(d) is raised by his physician's affidavit correlating plaintiff's "significant limitation of use of his lumbar spine" and inability to perform daily tasks to herniated discs and opining that plaintiff's condition was caused by the accident and is permanent ( see Rice v. Moses, 300 A.D.2d 213). It does not avail defendants that the MRI reports to which plaintiff's physician referred are unsworn ( see id.; Toledo v. A.P.O.W. Auto Repair/Towing, 307 A.D.2d 233, 234). We have considered and rejected defendants' other arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.