Opinion
April 14, 1989
Appeal from the Supreme Court, Erie County, Ostrowski, J.
Present — Doerr, J.P., Denman, Boomer, Green and Pine, JJ.
Order unanimously reversed on the law with costs and motion denied. Memorandum: Defendant's papers in support of the motion for summary judgment consist of an attorney's affidavit, the pleadings, plaintiffs' bill of particulars, and doctor and medical reports which were neither sworn to nor affirmed under the penalty of perjury. These papers are insufficient to sustain defendant's burden (see, Graves v. Rochester Gen. Hosp., 135 A.D.2d 1130; Savage v. Delacruz, 100 A.D.2d 707, 708; Ferguson v Temmons, 79 A.D.2d 1090, 1091).