Opinion
Submitted September 15, 1999
November 30, 1999
In consolidated actions to recover damages for personal injuries, the defendant in Action No. 2 appeals from an order of the Supreme Court, Queens County (Dye, J.), dated September 18, 1998, which denied its motion for summary judgment dismissing the complaint in that action on the ground that the plaintiff failed to sustain a serious injury within the meaning of Insurance Law § 5102(d).
Montfort, Healy, McGuire Salley, Garden City, N.Y. (Edward R. Rimmels of counsel), for appellant.
Daniel P. Buttafuoco Associates, Woodbury, N.Y. (James S. McCarthy of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
In support of its motion for summary judgment dismissing the complaint in Action No. 2, the defendant in that action relied upon the unsworn reports of the plaintiff's own treating chiropractor and examining physicians ( see, Vignola v. Varrichio, 243 A.D.2d 464; Torres v. Micheletti, 208 A.D.2d 519; Hochlerin v. Tolins, 186 A.D.2d 538). Those reports indicate that as a result of the subject accident, the plaintiff suffered, inter alia, a disc herniation at L5-S1, disc protrusion at L4-L5, and permanent impairment of motion of his lumbar spine. Accordingly, the defendant failed to meet its burden of establishing, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) ( see, Mattei v. Kennedy, 243 A.D.2d 690; Flanagan v. Hoeg, 212 A.D.2d 756; Jackson v. United Parcel Serv., 204 A.D.2d 605).
O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, and FEUERSTEIN, JJ., concur.