Opinion
Argued April 16, 1999
June 1, 1999
Taub Marder, New York, N.Y. (Elliot H. Taub of counsel), for appellant-respondent.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Deborah R. Douglas of counsel), for respondent-appellant.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from stated portions of an order of the Supreme Court, Queens County (Polizzi, J.), dated June 23, 1998, which, inter alia, denied his motion for partial summary judgment on the issue of liability, and the defendant cross-appeals from the same order.
ORDERED that the application by the defendant to withdraw its cross appeal is granted and the cross appeal is dismissed as withdrawn; and it is further,
ORDERED that the order is affirmed insofar as appealed from; and it is further,
ORDERED that the defendant is awarded one bill of costs.
While employed as a firefighter with the City of New York Fire Department, the plaintiff was injured when a portion of a ceiling collapsed on top of him as he was lifting weights in the firehouse. The plaintiff moved for partial summary judgment, contending, inter alia, that the allegedly defective ceiling was the sole proximate cause of his injuries. In support of his motion, the plaintiff relied on the unsworn reports of four physicians who were of the opinion that the plaintiff's injuries were a direct result of the ceiling collapse. Where, as here, the proponent of a summary judgment motion relies solely upon the findings of his or her medical witnesses, those findings must be in admissible form, i.e., affidavits or affirmations, and not unsworn reports, in order to make a prima facie showing of entitlement to judgment as a matter of law ( see, Pagano v. Kingsbury, 182 A.D.2d 268, 270). Thus, the papers submitted in support of the motion were insufficient to warrant granting judgment as a matter of law in favor of the plaintiff on the issue of liability (CPLR 3212 [b]).
SANTUCCI, J.P., JOY, GOLDSTEIN, and SCHMIDT, JJ., concur.