Opinion
2248
November 20, 2003.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about September 20, 2002, which granted defendant Juan Medina's motion for summary judgment and dismissed the complaint, unanimously affirmed, without costs.
Leonard Zack, for plaintiff-appellant.
Robert M. Smith, for defendant-respondent.
Before: Buckley, P.J., Rosenberger, Ellerin, Williams, Gonzalez, JJ.
In this personal injury action arising out of a motor vehicle collision in the course of plaintiff's employment, summary judgment was properly granted to defendant Medina (CPLR 3212; Insurance Law § 5104[a], § 5102[d]; see Gaddy v. Eyler, 79 N.Y.2d 955, 957). The medical reports submitted by plaintiff in opposition to his motion were neither sworn nor affirmed, and therefore inadmissible (see Merrill/New York Co. v. Celebrity Sys., 300 A.D.2d 206, 207; Charlton v. Almaraz, 278 A.D.2d 145). While plaintiff provided additional medical documentation only after the reply papers had been submitted and, without any opportunity for a response, plaintiff's belated submissions are conclusory, both as to the injuries sustained and their cause (see Berbery v. Yeung, 290 A.D.2d 293, 294; Walker v. Betts Cab Corp., 272 A.D.2d 179), and lack probative value, being neither affirmed (CPLR 2106) nor sworn (see Merrill/New York Co., at 206; Walker, at 179). Thus, the record lacks objective substantiation of plaintiff's subjective complaints and is insufficient to establish a causal relationship between the alleged injuries and the automobile accident involving the parties' vehicles (see Chrisomalides v. Ekow, 291 A.D.2d 202).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.