Opinion
August 24, 1998
Appeal from the Supreme Court, Queens County (Schmidt, J.).
Ordered that the order is affirmed, with costs.
The medical reports prepared by the plaintiff's examining physicians which were submitted by the defendant New York City Transit Authority in support of the motion for summary judgment established a prima facie case that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d) ( see, Jacondino v. Lovis, 186 A.D.2d 109; Pagano v. Kingsbury, 182 A.D.2d 268). The burden then shifted to the plaintiff to come forward with sufficient evidence to raise a triable issue of fact as to whether he sustained a serious injury ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 957).
The plaintiff's evidence was insufficient in this regard. His examining physician's affidavit, reciting the words "permanent" and "consequential significant limitation of motion", was conclusory and clearly tailored to meet the statutory requirements ( see, Panisse v. Jrs. Truck Rental, 239 A.D.2d 397; Medina v. Zalmen Reis Assocs., 239 A.D.2d 394). The physician's unsworn report, the findings of which were not incorporated in his affidavit, did not constitute competent evidence ( see, Attivissimo v. Kugler 226 A.D.2d 658; Pagano v. Kingsbury, supra).
Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ., concur.