Opinion
April 27, 1998
Appeal from the Supreme Court, Rockland County (Bergerman, J.).
Ordered that the order dated September 11, 1997, is reversed, on the law, with costs, the plaintiffs' motion for reargument and renewal is denied, the order dated June 10, 1997, granting the defendants' motion for summary judgment dismissing the complaint is reinstated, and the complaint is dismissed.
By order dated June 10, 1997, the Supreme Court properly granted the defendants' original motion for summary judgment dismissing the complaint based on the absence of triable issues of fact ( see, CPLR 3212 [b]) as to whether the plaintiff Darlene Love sustained a serious injury as defined by Insurance Law § 5102 (d). Inasmuch as the new medical evidence which the plaintiffs submitted upon their motion for renewal and reargument was unsworn and thus not competent ( see, Pagano v. Kingsbury, 182 A.D.2d 268; Friedman v. U-Haul Truck Rental, 216 A.D.2d 266), the court should not have vacated the order dated June 10, 1997.
O'Brien, J.P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.