Opinion
March 23, 1998
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion for summary judgment is granted, and the complaint is dismissed.
The affirmed reports authored by Dr. Roy H. Brown and Dr. Chandra M. Sharma which were submitted by the defendant in support of her motion made out a prima facie case that the plaintiff Rosalie Ponterella did not sustain a serious injury as defined by Insurance Law § 5102 (d).
The only medical evidence which the plaintiffs submitted in opposition to the motion was either unsworn or not affirmed to be true under penalty of perjury, and thus did not constitute competent evidence (see, Moore v. Tappen, 242 A.D.2d 526).
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.