Opinion
Submitted September 13, 2000
October 2, 2000.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Durante, J.), dated October 20, 1999, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. (Jonahan A. Dachs of counsel), for appellants.
Michael Quintana, Brooklyn, N.Y., for respondent.
Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendants established a prima facie case that the plaintiff's injuries were not serious through the affirmed reports of orthopedists, who, upon examining the plaintiff, found no objective evidence of any orthopedic disability (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The affirmation of the plaintiff's treating chiropractor, which was not notarized, and unsworn medical reports submitted by the plaintiff in opposition to the motion did not constitute competent evidence (see, Feintuch v. Grella, 209 A.D.2d 377; Pagano v. Kingsbury, 182 A.D.2d 268). Accordingly, the plaintiff failed to raise a triable issue of fact (see, CPLR 3212[b]).